IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14903 OF 2022 (BDA)

BETWEEN:

1. MARIGOLD TRUST A REGISTERED TRUST HAVING ITS PRINCIPAL OFFICE AT:

‘MARIGOLD SQUARE’, NO.17, ITI LAYOUT, SARAKKI 30^TH MAIN ROAD, BENGALURU – 560 078.

REP. BY ITS SETTLOR AND TRUSTEE DR. UJWALA NAGARAJA RAO JAGDALE W/O DR. SHUDHINDRA DAMODAR RAO AGED ABOUT 42 YEARS.

2. RAJDISLE PRIVATE LIMITED A COMPANY WITH THE MEANING OF COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT:

NO.17, ‘MARIGOLD SQUARE’, 9^TH CROSS, J.P. NAGAR, 1^ST PHASE, V N BENGALURU – 560 078.

B ADIGER REP. BY ITS MANAGING DIRECTOR DR. UJWALA NAGARAJA RAO JAGDALE W/O DR. SUDHINDRA DAMODHAR RAO Digitally signed by V N BADIGER AGED ABOUT 42 YEARS.

Date:

2025.01.16

13:03:12 +0530 3. DR. UJWALA NAGARAJA RAO JAGDALE W/O DR. SUDHINDRA DAMODHAR RAO AGED ABOUT 42 YEARS, R/AT NO.608, 15^TH CROSS, J.P. NAGAR, 1^ST PHASE, BENGALURU – 560 078.

…PETITIONERS (BY SRI. MANU PRABHAKAR KULKARINI, ADVOCATE)

AND:

1. BANGALORE DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER, KUMARA PARK WEST, T. CHOWDAIAH ROAD, BENGALURU – 560 020.

2. TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK WEST, T. CHOWDAIAH ROAD, BENGALURU – 560 020.

…RESPONDENTS (BY SRI. S. LAKSHMEESH RAO, ADVOCATE)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATIONS DATED 02^ND JUNE, 2020 VIDE ANNEXURE-L, 28^TH JULY, 2020 VIDE ANNEXURE-P, 29^TH JANUARY, 2021 VIDE ANNEXURE-S, 11^TH JANUARY, 2022 VIDE ANNEXURE-U ISSUED BY THE RESPONDENT-BDA TO THE PETITIONERS; DIRECT THE RESPONDENTS TO APPROVE THE CHANGE IN LAND USE OF THE SCHEDULE PROPERTY FROM INDUSTRIAL TO EDUCATIONAL/PUBLIC AND SEMI-PUBLIC PURPOSE; AND ETC.

THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS, COMING FOR PRONOUNCEMENT OF ORDERS, THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:.

CORAM: THE HON'BLE MR. JUSTICE E.S. INDIRESH CAV ORDER In this Writ Petition, petitioners are challenging the letters dated 02^nd June, 2020 (Annexure-L), 28^th July, 2020 (Annexure-P), 29^th January, 2021 (Annexure-S), 11^th January, 2022 (Annexure-U) and 22^nd August, 2023 (Annexure-AE) issued by the respondent-Bangalore Development Authority to the petitioners; inter alia sought for a direction to the respondent-Bangalore Development Authority to approve the schedule property for conversion from industrial to educational/public and semi-public purpose and to approve the sanction plan for construction of the school building in the schedule property.

2. It is the case of the petitioners that the petitioner No.1-Trust was formed by the petitioner No.3 with an object of imparting education in the State of Karnataka as per the object mentioned in the Trust Deed produced at Annexure-D to the writ petition. It is stated that the petitioner No.1-Trust was formed as a partnership firm named as “RJU Industrial Company” and the said company was converted into a private limited company on 01^st December, 2009. It is also stated in the writ petition that the land bearing Survey Nos.31/2 and 32/3 situate at Challaghatta Village, Kengeri Hobli, Bengaluru South Taluk measuring 2 acres each was leased by the petitioner No.2 to the petitioner No.1-Trust to enable and facilitate for opening of School by the petitioner No.1-Trust. It is further stated in the writ petition that the aforementioned lands have been categorised for ‘industrial purpose’ as per the Revised Master Plan-2015 approved under the Karnataka Town and Country Planning Act, 1961 (for short, hereinafter referred to as ‘KTCP Act’). In this connection, petitioners have made an application to the respondent-Bangalore Development Authority and sought for grant of commencement certificate for the proposed School building to be constructed on the schedule property as well as at land bearing Survey No.49/2 at Kambipura Village and accordingly, submitted the Development Plan for the proposed school building to b