The respondent No.3 - BBMP in its proceedings dated

21.09.1977 resolved to grant the land measuring 79+20/2

x 45 + 105/2 feet area next to Janatha Bazar on lease in

favour of Sri.Vijaya Kumar, father of the petitioners herein

for Rs.6.60 paisa per square feet and the proposal was

sent to the Government for approval under Section 176 of

the

Karnataka

Municipal

Corporations

Act,

1976

(hereinafter referred to as 'the Act' for short). The

Government accorded approval for granting subject

property in favour of the father of the petitioners by order

dated 20.04.1978. Since the respondent No.3 - BBMP did

not execute and register lease deed in favour of father of

the petitioners, the father of the petitioners approached

this Court in W.P.No.18598/1980. This Court by order

dated 13.04.1981 directed the respondent No.3 - BBMP to

execute and register the lease deed and put the father of

the petitioners in possession of the lands leased in

accordance of law, after collecting any further amounts

due from the father of the petitioners.

4

2.

In pursuance of order passed by this Court,

registered lease deed dated 12.08.1981 was executed in

favour of the father of the petitioners. The respondent

No.3 - BBMP having refused to accept rent from the

petitioners herein, the petitioners preferred Writ Petition

No.129/1997. This Court by order dated 28.05.1998

directed the respondent No.3 - BBMP to accept the rent in

terms of the lease executed in favour of the father of the

petitioners. The order passed in WP No.129/1997 having

not been complied with, the petitioners initiated contempt

proceedings in C.C.Nos.53 to 58 of 2001 before this Court.

In the said proceedings, the respondent No.3 - BBMP

having received the rent and also canceling the registered

lease deed executed in favour of the deceased father of

the petitioners, the contempt proceedings initiated against

the respondent No.3 - BBMP was closed by order dated

25.06.2001. In view of the liberty granted to challenge

the cancellation of the registered lease deed, petitioners

filed Writ Petition No.37670/2001. This Court by order

dated 21.11.2005, allowed the writ petition in-part and set

5

aside the order canceling the registered lease deed

executed in favour of the deceased father of the

petitioners against which, respondent No.3 - BBMP filed

Writ Appeal No.3916/2005. The Division Bench by order

dated 06.07.2010 modified the order passed by the

learned Single Judge and remanded the matter back to the

respondent No.8 therein to reconsider the same afresh and

pass appropriate order in accordance with law after

providing a reasonable opportunity to the respondent No.3

- BBMP and petitioners herein.

3. In the light of the order passed by this Court in

Writ Petition No.3916/2005, the respondent No.8 therein

has conducted an enquiry and canceled the registered

lease deed executed in favour of the deceased father of

the petitioners on the following grounds:-

(i) Firstly, the petitioner has not obtained a

sanctioned building plan for putting up construction of

subject property as specified in the conditions of the lease.

(ii) Secondly, there is a direction in Writ Petition

No.31394/2009 disposed of on 04.08.2011 directing the

6

respondent

No.3

-

BBMP

herein

to

remove

the

encroachment over the storm water drains.

(iii) Thirdly, the lease of the subject property was

granted in favour of the deceased father of the petitioners

without obtaining prior approval of the State Government

as specified under Section 176 of the Act.

Hence, this writ petition.

4. Learned counsel for the petitioners made the

following submissions:-

(i) Firstly, the building license could not be obtained

from the respondent No.3 - BBMP within two years as

specified in the conditions of lease in view of the series of

litigations pending between the parties.

(ii) Secondly, the Government had accorded

approval for grant of lease in favour of the deceased father

of the petitioners by order dated 20.04.1978 as s