IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR JUSTICE B M SHYAM PRASAD, J
S.p. Chidanand S/o Sri. S.r. Puttaswamaiah – Appellant
Versus
State Of Karnataka – Respondent
ORAL ORDER
The petitioner has commenced plotted development in an extent measuring 2 acres 09 guntas in Sy No. 46/5, 50/3, 46/1, 46/3 and 50/2 of Guluru Village and Hobli, Tumakuru Taluk. This development, for convenience, is referred to as ‘the Project’, and this extent of 2 acres and 09 guntas is referred to as the ‘Subject Property’. The Second respondent – the Tumakuru Urban Development Authority ['the Planning Authority'] has accorded Provisional Approval under section 17 [2-A] of the Karnataka Town and Country Planning Act, 1961 [the KTCP Act] and then issued the Work Order dated 21.08.2023 [Annexure - B] permitting commencement of the Project. However, the Planning Authority has not issued the Final Approval under section 17 [2-B] of the Karnataka Town and Country Planning Act, 1961 [the KTCP Act].
2. The Planning Authority has issued the impugned Endorsement dated 28.02.2024 [Annexure - G] calling upon the petitioner to register the Project with the Karnataka Real Estate Regulatory Authority [the fourth respondent and referred to as ‘the Regulatory Authority’] and then apply for Final Approval under section 17 [2-B] of the KTCP Act. The Planning Authority has issued this
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