BEARING BDA/EM/EO-1/TA-2/T-457/2017-18 DATED 08.01.2018 (ANNEXURE-N) ISSUED BY THE RESPONDENT NO.1 BY ISSUING A WRIT IN THE NATURE OF CERTIORARI, ETC.

THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.02.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

1. Petitioner No.1 is an apartment owners' association consisting of owners of different apartments in H.M.Tambourine apartment complex and petitioner Nos.2 and 3 are individual owners in the said apartment complex. Respondent No.2 has got the said apartment complex constructed.

2. The case of the petitioners is that the apartment complex is constructed on Sy.No.28, Kanakapura Road, Jaraganahalli Village, Uttarahalli Hobli, Bangalore-560 078 and the property measures about 3 acres 18 guntas. The same is hereinafter referred to as 'property'. It is further submitted that after development of the apartment complex as per the earlier plan sanctioned by the Bangalore Development Authority (BDA), individual apartments have been sold in favour of several persons and apart from the ownership over a particular