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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05^TH DAY OF JULY, 2021

BEFORE

THE HON'BLE MS. JUSTICE JYOTI MULIMANI

WRIT PETITION NO.3402 OF 2014 (LB-RES)

BETWEEN:

SRI.V.RAMAMURTHY,

S/O K.VENKATESHWARALU,

AGED ABOUT 60 YEARS,

OCC: EX.NGEF EMPLOYEE,

R/O 51, MARKANDESHWAR NAGAR,

BINNY PARK LINE,

BANGALORE - 560 023.

... PETITIONER

(BY SRI.M.LINGARAJ, ADVOCATE)

AND:

1.

THE GOVERNMENT OF KARNATAKA,

URBAN DEVELOPMENT DEPARTMENT,

M.S.BUILDING, K.R.CIRCLE,

BANGALORE - 560 001.

REP. PRINCIPAL SECRETARY.

2.

THE BANGALORE DEVELOPMENT AUTHORITY,

CHOUDAIAH ROAD,

KUMAR PARK,

BANGALORE - 560 020,

REP. BY ITS COMMISSIONER.

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3.

THE BANGALORE MAHANAGAR PALIKE,

K.R.CIRCLE, BANGALORE - 560 001,

REP. BY ITS COMMISSIONER.

4.

EMIRATES TRADING AGENCY,

NO.501, 502, 5^TH FLOOR, NORTH BLOCK,

FRONT WING, MANIPAL CENTRE,

DICKNSON ROAD, BANGALORE - 560 047.

REP. BY ITS MANAGING DIRECTOR.

5.

M/S. RELATIONSHIP PROPERTIES PVT. LTD.,

NO.70, NAGIN DAS MASTER ROAD,

FORT, MUMBAI - 400 023.

REP. BY ITS MANAGING DIRECTOR.

... RESPONDENTS

(BY SRI.VENKAT SATYANARAYAN, HCGP FOR R1;

SRI.VASANTH, ADVOCATE FOR

SRI.K.KRISHNA, ADVOCATE FOR R2;

SRI.BATHEGOWDA K.V., ADVOCATE FOR R3;

SRI.AMIT A.MANDGI, ADVOCATE FOR R4;

SRI.VEERESH BUDIHAL, ADVOCATE FOR

SRI.SANJAY NAIR, ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING

CERTAIN RELIEFS.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE

FOLLOWING:

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ORDER

Sri.M.Lingaraj, learned counsel for petitioner and

Sri.Amit A.Mandgi, learned counsel for respondent-4, have

appeared through video conferencing.

Learned

High

Court

Government

Pleader

for

respondent-1, Sri.Vasanth, learned counsel on behalf of

Sri.K.Krishna, for respondent-2, Sri.Bathegowda K.V.,

learned counsel for respondent-3 and Sri.Veeresh Budihal,

learned

counsel

on

behalf

of

Sri.Sanjay

Nair,

for

respondent-5, have appeared in-person.

2.

It is stated that the petitioner's house is

situated adjacent to the Municipal No.01, City Survey

No.2699/1, which belongs to the fourth respondent. The

petitioner and other residents did not have convenient,

accessible approaching road to their layout for ingress and

egress. It is stated that the petitioner and other residents

were using the road, park, school, play ground etc., which

were situated in Municipal No.01 City Survey No.2699/1,

but respondents all of a sudden objected to make use of

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the road, park, school, playground etc., On approaching

the respondent Authorities assured that they would form a

road and other civic amenities in Municipal No.01, City

Survey No.2699/1.

It is stated that the Emirates Trading Agency- the

fourth respondent approached the Bangalore Development

Authority seeking for a change of land use for their

property

bearing

Municipal

No.01,

City

Survey

No.2699/1, measuring 56 acres 0.63 Guntas situated at

Bangalore City, for change of purposes. The Bangalore

Development Authority after conducting the meeting

passed a resolution on 27.04.2010 and forwarded the

communication proposal to the first respondent for

necessary sanction/approval. The State Government on

25.08.2010 approved the change of land by imposing

certain terms and conditions and one of the conditions was

to leave 16,430.10 square meters for civic amenities and

40 feet approach road, KPTCL and Binny school apart from

complying conditions imposed if any by the BDA or BBMP.

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It is also stated that after receipt of the order from

the

State

Government,

the

Bangalore

Development

Authority passed the order and issued Commencement

Certificate by imposing certain terms and conditions on

14.09.2010.

As

things

stood

thus,