Construction on land previously designated as a civic amenity is permissible if current planning regulations reclassify it as commercial. Timely challenge is essential for valid claims against redevelopment agreements.

ORDER :

M.NAGAPRASANNA, J.

The petitioner, in Writ Petition No.33555 of 2024, said to be Sadashivanagar Residents Welfare Association, is at the doors of this Court calling in question a Concession Agreement dated 22-03-2018 entered into between the 2^nd respondent/Bangalore Development Authority (‘BDA’) and respondent Nos.3 to 6 for the purpose of construction of a complex. The companion petition is by two individuals named to be residents of Sadashivanagar and they call in question a communication from the hands of the BDA which permits commencement of construction in the subject property. Both the petitions seek consequential direction by issuance of a writ in the nature of mandamus directing respondents 3 to 6 to stop construction that is now undertaken.

2. Heard Sri Udaya Holla, learned senior counsel appearing for the petitioner in Writ Petition No. 33555 of 2024; Sri Anirudh Anand, learned counsel appearing for petitioners in Writ Petition No.5580 of 2025; Sri K. Shashikiran Shetty, learned Advocate General appearing for respondent No.1 and Sri Dhyan Chinnappa, learned senior counsel appearing for respondent No.2 in both the petitions; Sri K.B.Monesh Kumar, learned counsel appearing for respondents 7 and 8, Sri R.Subramanya, learned counsel appearing for impleading applicants in W.P.No.33555 of 2024; Sri Ajay Kumar, learned counsel appearing for respondent No.2 and Sri B.L.Sanjeev, learned counsel appearing for respondent No.7 in W.P.No.5580 of 2024.

3. In the light of the issue being common, both these petitions are taken up together and considered by this common order. For the sake of brevity, facts obtaining in Writ Petition No.33555 of 2024 would be narrated.

4. Facts, in brief, germane are as follows: -

4.1. The petitioner is a Resident Welfare Association said to have been registered under the Karnataka Societies Registration Act with an object of providing more livable, clean and healthy environment to the residents of Sadashivanagar area. The 1^st respondent/Government through the Department of Urban Development enters into an agreement with a consortium for the purpose of construction of a commercial complex in Sadashivanagar which was earlier standing as BDA complex. It is the averment in the petition that Sadashivanagar BDA complex forms part of Sadashivanagar. At the time of formation of the said layout, one of the sites measuring 969.6 sq. mts. was reserved as a civic amenity site. For the convenience of locals, the BDA had set up a complex consisting of small shops for selling of groceries and also set up photocopying units in the said civic amenity site. The BDA complex was functioning as a facility catering to the daily needs of the residents of the neighbourhood from the year 1982. Since the complex was close to 40 years old and began to de-generate into dilapidated condition, a tender notification is issued for the construction of a complex by demolishing the old and bringing up a new one.

4.2. Pursuant to the notification, respondents 3 to 6 participate in the said tender and emerge as successful bidders for the purpose of construction of the said complex. On the said bidders emerging as successful, BDA enters into a concession agreement on 22-03-2018. The purpose of agreement was putting up of a complex in place of the old complex with modern amenities that would help the residents of the area. The Residents Welfare Association did not challenge it immediately. Close to 7 years after the BDA entering into a concession agreement, a representation is submitted contending