The petitioners is before this Court seeking for the

following reliefs:

1.1.

"Issue a writ in nature of certiorari setting aside or

quashing

the

impugned

endorsement

No.

dA.¤.£À.AiÉÆÃ(G)/¦.Dgï/2022

dA.¤.£À.AiÉÆÃ(G)/¦.Dgï/2022

dA.¤.£À.AiÉÆÃ(G)/¦.Dgï/2022

dA.¤.£À.AiÉÆÃ(G)/¦.Dgï/2022----23

23

23

23

dated

22.08.2022

issued by the respondent No.2 at Annexure-Q;

1.2.

Issue a writ of mandamus directing the respondent

No.2 to issue occupancy certificate to the petitioners

as sought in their application dated 26.05.2022 at

Annexure-P;

1.3.

Issue such other writ, order of direction that this

Hon'ble Court deems fit in the interest of justice and

equity."

Petitioner No.1 is the absolute owner of the converted

property bearing Sy. No. 153/3, measuring 1 acre and 24

guntas, situated in Doddakannahalli Village, Varthur

Hobli, Bengaluru South Taluk. Petitioner No.2 is a

developer who is involved in to business of real estate

development. Petitioner Nos.1 and 2 entered into a joint

development agreement on 20.12.2016 for the purpose

of construction of apartment complex. In furtherance of

which, the petitioners applied for sanction of building plan

to respondent No.2–Joint Director(Town Planning) BBMP.

In furtherance of which, a demand was made for deposit

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of plan sanction fee on 28.11.2017 and on compliance

thereof, the plan came to be sanctioned on 19.01.2018

and a building license was issued.

Before putting up such a construction, the petitioners

obtained

No

Objection

Certificate

from

BWSSB,

Karnataka Pollution Control Board, etc.,. The petitioners

in furtherance of the same, commenced construction of

an apartment complex. A commencement certificate

came to be issued on 28.02.2019 in pursuance thereof,

the construction was continued and completed.

On completion, the petitioners applied for and obtained a

consent for operation from KSBCB as also electricity

connection from BESCOM and made an application on

26.05.2022 for issuance of an occupancy certificate to

respondent No.2.

It is at this stage that respondent No.2 took up a

contention that there was a proposed road, measuring 18

mtrs going through the property of the petitioners in

terms of RMP 2015 and therefore, refused to grant the

occupancy certificate. On the ground that, the petitioners

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have allegedly encroached upon the said proposed RMP

road and that the petitioners could not have put up

construction on the said proposed RMP road.

6.

The petitioners therefore, submitted a representation

placing on record events which transpired as also

submitting that the petitioners have put up construction

in accordance with the sanctioned plan there being no

deviation which had been pointed out, the ground now

urged by respondent No.2 is not sustainable, and as

such, the occupancy certificate ought to be issued to the

petitioners,

No

action

being

taken

thereon,

the

petitioners are before this Court seeking for the aforesaid

reliefs:

7.

Sri.Harish, learned counsel for the petitioners would

submit that

7.1. a master plan 2031 having been issued on

23.11.2017, there is no road proposed or otherwise

shown in the said master plan 2031.

7.2. It is on the basis of the said proposed or provisional

master plan 2031 that the plan of the petitioners

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has

been

considered

and

sanctioned

on

19.01.2018.

7.3. Merely because the said 2131 master plan was

withdrawn on 20.06.2022 it cannot now be

contended that the earlier master plan 2015 is

brought back into force and thereby contend that

the proposal for establishing an 18 mtr road would

come back into operation having an impact on the

plan already sanctioned.

7.4. The petitioners acted upon the plan sanctioned in

the year 2019 completed the same by 26.05.2022

and an application for an occupancy certificate has

been made on that day, the BBMP cannot now rely

upon the withdrawal of the provisional RMP 2031

on 20.06.2022 to deny the occupancy certificate to

the petitioners. It is in that background that he

submits that the pet