Deemed grant of building permission arises from statutory failures under KMC Act provisions.

ORDER

1. The petitioners are before this Court seeking for the following reliefs:

1) Issue a Writ declaring that the building permission for putting up construction of School building in Sy.No.236/1 measuring 2 acres 2 guntas of Belagavi village, applied for by the Petitioners as per the application dated 01/03/2023 in application No. BGM-LBPAS-21076/22-23/BP vide ANNEXURE-D is deemed to have been granted and the Petitioner is entitled to put up construction of the school building.

2) Issue a Writ of Mandamus directing the Respondent to consider the application dated 01/03/2023 in application No. BGM-LBPAS-21076/ 22-23/BP vide ANNEXURE-D for granting Building construction license and for approval of the plan for construction of the school building proposed to be constructed at Sy.No. 236/1 area 2 acre 2 guntas of Belagavi village and grant permission for putting up construction of school building.

3) Issue any other writ or direction to meet the ends of justice.

2. The petitioners claim to be the owners of the land covered under Survey No.236/1 measuring 2 acre 2 guntas, situated at Belagavi village, having purchased the same on 09.01.2006. The petitioners having applied for and obtained various No Objection Certificate and permissions, applied for sanction of a building plan for the proposed construction of a school building on 01.03.2023. Pursuance thereof, a publication was also taken in Vijay Karnataka and Vijayavani newspapers inviting objections from the public as per the circular dated 19.09.2009 and as per the instructions of respondent No.1.

3. In pursuance of the said paper publication, no objections were filed by anyone within the timeframe of thirty days prescribed in the circular and the petitioners have given a reminder dated 16.08.2023 calling upon respondent No.1- Commissioner to process the application. In terms of the said reminder having been issued in terms of sub-section (1) of Section 301 of the Karnataka Municipal Corporation Act , 1976 (for short “KMC Act, 1976”) though not required, a second reminder was also issued on 02.09.2023, which was also not acted upon.

4. The Town Planning Officer, on 13.09.2023, informed the petitioners that the said file of the petitioners has been sent to the standing Council for taking necessary steps. On 16.09.2023, a period of 60 days available to the commissioner having expired, the petitioners sent third reminder to respondent No.1, which is also not acted upon. Subsequent thereto, on 25.09.2023, the petitioners wrote to the Council in terms of sub-section (1) to Section 302 of the KMC Act, 1976, to consider the application for plan sanction. The same also not having been considered, a representation was submitted on 19.10.2023, which was also not acted upon. It is in that background, the petitioners contend that in terms of sub-section (2) to Section 302 of the KMC Act, 1976, the building plan is deemed to have been granted and the petitioners can go on with the construction. However, the petitioners are before this Court seeking for a formal order in order to apply to various other authorities to run an educational institution.

5. Sri.Bhushan Kulkarni, learned counsel for the respondent- Corporation would submit that from 05.02.2024, the Council was dissolved and was not in existence, and the new Council has now been constituted will consider the application of the petitioners and pass necessary orders within thirty days. He further submits that a paper publication was required to be taken in terms of circular dated 19.09.2009.

6. Heard Miss.Surabhi Kulkarni, learned counsel appearing for the petitioners and Sri.Bhusan Kulkarni, learned counsel for the respondent-Corpor