in the high court of karnataka at bengaluru dated this...

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF FEBRUARY 2015

PRESENT

THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI

WRIT PETITION NO.14437/2007(LB-RES-PIL) C/W

WRIT PETITION NOS.16439/2007(GM-RES-PIL), 18544/2007(LB-BMP) , 19449/2007(LB-BMP),

18660/2007(LB-RES-PIL), 18543/2007(LB-BMP), 19464/2007(LB-RES-PIL), 6651/2007(LB-RES-PIL) , 7275/2008 (LB-BMP-PIL), 18211/2007(LB-BMP-PIL), 19225/2007(LB-BMP-PIL), 19384/2007(LB-BMP-PIL),

19385/2007(LB-BMP-PIL), 2486/2008(LB-BMP), 3622/2008(LB-BMP), 13336/2005(LB-RES-PIL),

19483/2007(LB-BMP-PIL), 18952/2007(LB-BMP-PIL), 19431/2007(LB-BMP), 19432/2007(LB-BMP), 19433/2007(LB-BMP), 19434/2007(LB-BMP), 19699/2007(LB-BMP) & 10323/2007(BDA)

IN W.P.NO.14437/07 BETWEEN CITIZENS FORUM FOR MANGALORE DEVELOPMENT ST. JOSEPH'S HIGHLAND COMPOUND

LOWER BENDOOR, MANGALORE-575002 REP BY ITS JOINT CO-ORDINATOR MS. VIDYA DINKER ... PETITIONER

(BY SMT JAYNA KOTHARI, ADV.,) AND

1. THE STATE OF KARNATAKA

VIDHANA SOUDHA, BANGALORE-01 REP BY ITS CHIEF SECRETARY

2. THE STATE GOVERNMENT OF KARNATAKA

DEPARTMENT OF URBAN DEVELOPMENT

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VIKAS SOUDHA, BANGALORE

REP BY ITS PRINCIPAL SECRETARY 3. THE DIRECTORATE OF TOWN PLANNING

M.S.BUILDING, BANGALORE-1 REP BY ITS DIRECTOR

4. MANGALORE CITY CORPORATION LALBAGH, MANGALORE-3 REP BY ITS COMMISSIONER

5. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER

MANGALORE-1, DAKSHINA KANNADA DISTRICT

6. MANGALORE URBAN DEVELOPMENT AUTHORITY, URWA STORES MANGALORE-6, REP BY ITS COMMISSIONER

7. THE LOKAYUKTA OFFICE OF THE LOKAYUKTA M S BUILDING DR. B R AMBEDKAR ROAD BANGALORE-1 REP BY THE REGISTRAR ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 3 & 5; SRI K V NARASIMHAN, ADV., FOR R-4; SRI HAREESH BHANDARY, ADV., FOR R-6; SRI B A BELLIAPPA, ADV., FOR R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING

TO DECLARE SECTION 76FF OF THE KARNATAKA TOWN

AND COUNTRY PLANNING ACT, 1961 AS ULTRAVIRES

ARTICLES 14 AND 21 OF THE CONSTITUTION ETC.,

IN W.P.NO.16439/07 BETWEEN M/S. ABHYUDAYA (A FEDERATION OF RESIDENT WELFARE

ASSOCIATIONS REGISTERED UNDER THE

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KARNATAKA SOCIETIES REGISTRATION ACT) HAVING ITS OFFICE AT NO.31/7 I FLOOR, M.K.PUTTALINGAIAH ROAD PADMANABHANAGAR BANGALORE-560020 REP BY ITS FOUNDER SECRETARY

SRI N.S.MUKUNDA ... PETITIONER

(BY SRI ADHITHYA SONDHI, SR. ADV., FOR SMT. B V NIDHISHREE, ADV.,)

AND 1. STATE OF KARNATAKA

BANGALORE-560001 REP BY CHIEF SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY NO.20, KUMARA PARK WEST BANGALORE-560020 REP BY ITS COMMISSIONER

3. BRUHUT BANGALORE MAHANAGARA

PALIKE BANGALORE-560001 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY

CUNNINGHAM ROAD, BANGALORE REP BY ITS COMMISSIONER

5. BANGALORE WATER SUPPLY AND SEWERAGE BOARD BANGALORE-560009 REP BY ITS CHAIRMAN

6. THE COMMISSIONER

BANGALORE CITY POLICE INFANTRY ROAD BANGALORE-560001

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7. POLLUTION CONTROL BOARD CHURCH STREET, BANGALORE-560001 REP BY ITS CHAIRMAN ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W

SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI M I ARUN, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; SRI S G PANDIT, ADV., FOR R-4; SRI M T MOHAN, ADV., FOR R-5; R-6 SERVED; SRI S G KULKARNI, ADV., FOR R-7)

THIS WRIT PETITION IS FILED PRAYING TO

DECLARE THE KARNATAKA TOWN AND COUNTRY

PLANNING AND CERTAIN OTHER LAWS (AMENDMENT)

ACT, 2004 (KARNATAKA ACT NO.1/2007) AS PER

ANNEXURE-A, ADDING NEWLY INTRODUCED SECTION

76FF AND SIMILAR AMENDMENTS TO THE KARNATAKA

MUNICIPAL CORPORATIONS ACT, 1976 ETC.,

IN W.P.NO.18544/07 BETWEEN

PRAKRUTI LAYOUT PLOT OWNER’S ASSOCIATION (AN ASSOCIATION REGD., UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT) HAVING ITS OFFICE AT NO.66 PRAKRUTI LAYOUT, BABUSAPALYA AGARA MAIN ROAD, NEAR BALAJI CEMENTS

KALYAN NAGAR P O, BANGALORE-560043 REP BY ITS GENERAL SECRETARY MR. VARKEY THOMAS ... PETITIONER

(BY SRI M A SEBASTIAN, ADV.,)


VIDHANA SOUDHA BANGALORE-560001 REP BY ITS CHIEF SECRETARY

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2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560002 REP BY ITS COMMISSIONER ... RESPONDENTS


SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE

ANNEXURE-I AND ANNEXURE-IV I.E. REGULARIZATION OF

VIOLATIONS RELATING TO FORMATION OF SITES (BOTH FOR

CONVERTED AND NON-CONVERTED LANDS) AND

REGULARISATION OF BUILDINGS CONSTRUCTED IN NON-

CONVERTED AGRICULTURAL LANDS OF THE KARNATAKA

MUNICIPAL CORPORATIONS (REGULARISATION OF

UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS)

RULES, 2007, NOTIFICATION-II DATED 14.08.2007

PRODUCED AS PER ANNEXURE-A ISSUED BY RESPONDENT

NO.1 AS THE SAME IS ULTRA VIRES OF THE KARNATAKA

MUNICIPAL CORPORATIONS ACT, 1976, SO FAR AS

PETITIONER IS CONCERNED.

IN W.P.NO.19449/07 BETWEEN 1. M/S. BANGALORE FRIENDS ASSOCIATION

A REGISTERED TRUST HAVING OFFICE AT NO.306,17TH ‘C’ MAIN, 3RD BLOCK RAJAJINAGAR, BANGALORE-560010 REP BY ITS SECRETARY S. RAGHUNATH

2. NARAYANA RAJU S/O KRISHNA RAJU

AGED 40 YEARS, R/AT NO.123 N R GARDENS, J P NAGAR III PHASE BANGALORE-560078 ... PETITIONERS

(BY SRI PRADEEP S. SAWAKAR, ADV., FOR

M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,)

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AND


URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001 REP BY PRINCIPAL SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY

T. CHOWDAIAH ROAD, BANGALORE-560001 REP BY THE COMMISSIONER

3. BRUHAT BANGALORE MAHANAGARA PALIKE

J P ROAD, BANGALORE-560002 REP BY COMMISSIONER

4. THE MEMBER SECRETARY BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY

M S BUILDING, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; BASAVARAJ V. SABARAD, ADV., FOR R-2;

SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; R-4 SERVED)


DECLARE SECTION 76FF OF THE KARNATAKA TOWN

AND COUNTRY PANNING ACT, 1961 AS ULTRA VIRES

ARTICLES 14 AND 21 OF THE CONSTITUTION ETC.,


1. THE FEDERATION OF J P NAGAR 7TH AND 8TH PHASE RESIDENTS' WELFARE ASSOCIATIONS (R), NO.67, 3RD CROSS GOURAVNAGAR, 7TH PHASE, J P NAGAR BANGALORE-560078, REP BY G JAGADISH THE GENERAL SECRETARY THEREOF AGED 41 YEARS

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2. N R RAMESH, AGED 48 YEARS

50/A, GAYATHRI TAPOVANA KOTHUR DINNE, J P NAGAR 8TH PHASE BANGALORE-560076

3. K R NAGARAJ, AGED 70 YEARS NO.90, AMOGO, 4TH CROSS

GOWRAVNAGAR, J P NAGAR 7TH PHASE BANGALORE-560078

4. R. ASWATHANARAYANA, AGED 45 YEARS NO.34, I MAIN, SUREYAS COLONY J P NAGAR 7TH PHASE

BANGALORE-560078 ... PETITIONERS

(BY SRI NAVEEN CHANDRASHEKAR, ADV.,) AND

1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA BANGALORE-560001

2. STATE OF KARNATAKA

URBAN DEVELOPMENT DEPARTMENT M S BUILDINGS DR. AMBEDKAR VEEDHI BANGALORE-560001, REP BY THE PRINCIPAL SECRETARY THEREOF

3. THE DIRECTOR OF TOWN PLANNING TOWN PLANNING AUTHORITY BANGALORE

4. BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDINGS BANGALORE-560002, REP BY ITS

COMMISSIONER THEREOF ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 3; SRI SUBRAMANYA .R, ADV., FOR

M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-4)

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THAT SECTIONS 2(16), 3(4) AND 4(4) OF THE KARNATAKA

TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS

(AMENDMENT), ACT 2004 ARE UNCONSTITUTIONAL AND VOID

AS THEY SUFFER FROM THE VICE OF DELEGATION OF

ESSENTIAL LEGISLATIVE FUNCTIONS TO THE EXECUTIVE

VIDE ANNEXURE-B ETC.,

IN W.P.NO.18543/07 BETWEEN JAGADISHNAGAR RESIDENTS WELFARE ASSOCIATION (AN ASSOCIATION REGD., UNDER THE KARNATAKA SOCIETIES

REGISTRATION ACT), HAVING ITS OFFICE AT NO.239, 8TH CROSS, 3RD MAIN JAGADISH NAGAR, NEW THIPPASANDRA POST BANGALORE-560075 REP BY ITS PRESIDENT MR L.N.HEGDE ... PETITIONER

(BY SRI M A SEBASTIAN, ADV.,) AND 1. STATE OF KARNATAKA

VIDHANA SOUDHA BANGALORE-560001 REP BY ITS CHIEF SECRETARY

2. BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560002

REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR

M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)


ANNEXURE-I AND ANNEXURE-IV I.E., REGULARIZATION OF

VIOLATIONS RELATING TO FORMATION OF SITES (BOTH FOR

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CONVERTED AND NON-CONVERTED LANDS) AND

REGULARISATION OF BUILDINGS CONSTRUCTED IN NON-

CONVERTED AGRICULTURAL LANDS OF THE KARNATAKA



RULES 2007, NOTIFICATION-II DATED 14.08.2007 PRODUCED

AS PER ANNEXURE-A AS THE SAME IS ULTRA VIRES OF THE

MUNICIPAL CORPORATIONS ACT, 1976.

IN W.P.NO.19464/07 BETWEEN 1. SMT K C BHAGYA LAKSHMI

AGED ABOUT 55 YEARS W/O V.K.GOPALAIAH

BALAGERE ROAD, VARTHUR BANGALORE-560087

2. SRI K GOPAL REDDY AGED ABOUT 50 YEARS OPP. TO GOVERNMENT HIGH SCHOOL

VARTHUR, BANGALORE-560087

3. SRI B PRAKASH S/O BALAPPA AGED ABOUT 35 YEARS C/O H.NARAYANAPPA

HALU BAVI ROAD, VARTHUR BANGALORE-560087 ... PETITIONERS

(BY SRI MOHAMED ATHER, ADV.,)


BANGALORE-560001 REP BY CHIEF SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY NO.20, KUMARA PARK WEST BANGALORE-560020 REP BY ITS COMMISSIONER

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3. BRUHUT BANGALORE MAHANAGARA PALIKE, BANGALORE-560001 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY

CUNNINGHAM ROAD, BANGALORE REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1;

SRI K N PUTTEGOWDA, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; SRI S G PANDIT, ADV., FOR R-4)


DECLARE THAT RULE 6 OF THE KARNATAKA TOWN AND

COUNTRY PLANNING (REGULATION OF UNAUTHORISED

DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007 VIDE

ANNEXURE-B AS UNCONSTITUTIONAL AS VIOLATIVE OF

ARTICLES 14 & 21 OF THE CONSTITUTION INDIA ETC.,


SRI S K UDAYABHANU S/O SRI S A KRISHNAPPA AGED ABOUT 54 YEARS ADVOCATE, FLAT NO.T-1 SURABHI APARTMENTS J.P.NAGAR II PHASE

BANGALORE-560078 ... PETITIONER

(BY SRI S K UDAYABHANU, PARTY-IN-PERSON) AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY

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VIDHANA SOUDHA

BANGALORE-560001

2. THE SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALORE-560001

3. THE DIRECTOR OF MUNICIPAL

ADMINISTRATION SIR M.VISVESWARAYA TOWERS DR.AMBEDKAR VEEDHI BANGALORE-560001

4. THE PLANNING AUTHORITY

TOWN AND COUNTRY PLANNING K.R.CIRCLE, BANGALORE-560001

5. THE DIRECTOR

TOWN AND COUNTRY PLANNING STATE OF KARNATAKA NRUPATHUNGA ROAD BANGALORE-560001 ... RESPONDENTS


SMT. PRATHIMA HONNAPURA, HCGP)

THIS WRIT PETITION IS FILED PRAYING TO HOLD

THAT KARNATAKA TOWN AND COUNTRY PLANNING AND

CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004 I.E.,

KARNATAKA ACT 1 OF 2007 ANNEXURE-A AS VOID AND

UNCONSTITUTIONAL AND STRIKE DOWN THE SAME BY

ISSUING A WRIT CERTIORARI.

IN W.P.NO.7275/08 BETWEEN 1. M/S. FERNS CITY PLOT OWNERS

ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING REGISTERED

OFFICE AT NO.80, FERNS CITY DODDANAKKUNDI, MARATHAHALLI P O

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BANGALORE-560037

REPRESENTED BY ITS PRESIDENT SHRI G.HARIHARA NANDANAN

2. M/S. FERNS HABITAT PLOTS OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA

SOCIETIES REGISTRATION ACT HAVING REGISTERED OFFICE AT NO.46, FERNS HABITAT, DODDANAKKUNDI MARATHAHALLI P O, BANGALORE-560037 REP BY ITS PRESIDENT MR.VSN PILLAI

3. M/S. FERNS PARADISE PLOTS OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT

HAVING REGISTERED OFFICE AT NO.621, FERNS PARADISE

DODDANAKKUNDI, MARATHAHALLI PO BANGALORE-560037 REP BY ITS PRESIDENT MR.ABRAR ... PETITIONERS

(BY SRI M A SEBASTIAN, ADV.,)


DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001

REP BY ITS SECRETARY

2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE BANGALORE-560002 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)

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DECLARE ANNEXURES-I AND IV AT PAGE NO.1841

REGULARIZATION OF VIOLATIONS RELATING TO

FORMATION OF SITES (BOTH FOR CONVERTED AND

NON-CONVERTED LANDS) AND REGULARISATION OF

BUILDINGS CONSTRUCTED IN NON-CONVERTED

AGRICULTURAL LANDS, OF THE KARNATAKA MUNICIPAL

CORPORTIONS (REGULARISATION OF UNAUTHORISED

DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007,

NOTIFICATION-II DATED 14.08.2007 PRODUCED AS PER

ANNEXURE-A ISSUED BY RESPONDENT NO.1 ETC., IN W.P.NO.18211/07 BETWEEN

1. M. SUBBARAJU

S/O SRI M THIMMARAJU AGED ABOUT 71 YEARS

2. M S RAGHU

S/O SRI M SUBBARAJU AGED ABOUT 39 YEARS

3. SMT LAKSHMAMMA W/O SRI M SUBBARAJU AGED ABOUT 54 YEARS

4. M S SANJAY S/O SRI M SUBBARAJU

AGED ABOUT 34 YEARS REP BY HIS GENERAL POWER OF ATTORNEY HOLDER SRI M SUBBARAJU

ALL R/AT NO.61 & 62, 1ST FLOOR 4TH CROSS, AG'S LAYOUT NEW BEL ROAD, BANGALORE-560054 ... PETITIONERS

(BY SRI C G GOPALASWAMY, ADV.,)

AND 1. BRUHAT BANGALORE MAHANAGARA PALIKE

REP BY ITS COMMISSIONER N R SQUARE, BANGALORE-560002

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2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE SANJAY NAGAR SUB-DIVISION NETHAJI CIRCLE, MATTHIKERE BANGALORE-560054 ... RESPONDENTS

(BY SRI I G GACHCHINAMATH, ADV., FOR R-1 & 2)

THIS WRIT PETITION IS FILED PRAYING TO QUASH

THE NOTIFICATION DATED OCTOBER 26, 2007 IN

RESPECT OF SCHEDULE ‘A’ PROPERTY ISSUED BY

RESPONDENT NO.2 UNDER ANNEXURE-J ETC.,

IN W.P.NO.19225/07

BETWEEN

Ch. LOKANADHA RAO S/O LATE VENKATESHWARA RAO AGED ABOUT 61 YEARS, R/AT # HL 44/2 NEAR HORAMAVU PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043

... PETITIONER

(BY SRI M S BHAGWAT, ADV.,) AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001


DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, REP BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI

BANGALORE 3. THE STATE OF KARNATAKA

DEPARTMENT OF HOUSING & URBAN

DEVELOPMENT, M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE

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DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR VEEDHI BANGALORE

5. THE BANGALORE DEVELOPMENT AUTHORITY

REPRESENTED BY ITS COMMISSIONER # 20, KUMARAPARK WEST, SANKEY ROAD BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER

N.R.SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE KRISHNARAJAPURAM RANGE, HORAMAVU

BANGALORE

8. THE SCREENING COMMITTEE FOR REGULARISATION, REP BY ITS CHAIRMAN BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4; SRI C R GOPALASWAMY, ADV., FOR R-5; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8)


DECLARE THAT THE PROVISIONS OF SECTION 321-A OF

KARNATAKA MUNICIPAL CORPORATION ACT, 1976

(INSERTED VIDE AMENDMENT UNDER KARNATAKA ACT

NO.1 OF 2007) AND CONSEQUENTLY, THE KARNATAKA



RULES, 2007 VIDE ANNEXURE-B IS UNCONSTITUTIONAL,

VOID AND UNENFORCEABLE INSOFAR AS THE

PETITIONER IS CONCERNED ETC.,

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IN W.P.NO.19384/07

BETWEEN 1. SRI L S NARAYANAN

S/O LATE L.N. SESHADRI

AGED ABOUT 56 YEARS # 933, 5TH ‘A’ CROSS

HRBR I BLOCK, KALYANANAGAR BANGALORE-560043 2. SRI SURESH SITARAMAN

S/O LATE MAJOR SITARAMAN AGED ABOUT 48 YEARS FLAT NO.201, LA MAISON DE REPOSE # 269, 100 FEET ROAD, INDIRANAGAR BANGALORE-560038

3. SMT. PARVATHI SURESH W/O SURESH SITARAMAN AGED ABOUT 51 YEARS FLAT NO.201, LA MAISON DE REPOSE # 269, 100 FEET ROAD, INDIRANAGAR BANGALORE-560038

... PETITIONERS

(BY SRI M S BHAGWAT, ADV.,) AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560001


DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION REPRESENTED BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

3. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REP BY ITS SECRETARY

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M.S.BUILDING, DR.AMBEDKAR VEEDHI

BANGALORE

4. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY M.S.BUILDING

DR.AMBEDKAR VEEDHI, BANGALORE

5. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER #20, KUMARA PARK WEST, SANKEY ROAD BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE

REPRESENTED BY ITS COMMISSIONER N.R SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE

BYATARAYANAPURA RANGE BANGALORE REP BY ITS REVENUE OFFICER

8. THE SCREENING COMMITTEE FOR

REGULARISATION, REP BY ITS CHAIRMAN

BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4;

SRI C R GOPALASWAMY, ADV., FOR R-5; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8)


DECLARE THAT THE PROVISIONS OF SECTION 321-A OF

KARNATAKA MUNICIPAL CORPORATION ACT, 1976

(INSERTED VIDE AMENDMENT UNDER KARNATAKA



RULES, 2007 ANNEXURE-B IS UNCONSTITUTIONAL,

VOID AND UNENFORCEABLE INSOFAR AS THE

PETITIONERS ARE CONCERNED ETC.,

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IN W.P.NO.19385/07

BETWEEN 1. SRI C H LOKANADHA RAO

S/O LATE VENKATESHWARA RAO

AGED ABOUT 61 YEARS, R/AT HL 44/2 NEAR HORAMAVU PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043 2. SMT C H PAULINE

W/O C H LOKANADHA RAO

AGED ABOUT 58 YEARS, R/AT HL 44/2 NEAR HORAMAVU PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043 ... PETITIONERS (BY SRI M S BHAGWAT, ADV.,)

AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001


DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION REPRESENTED BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

3. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE


DEPARTMENT OF REVENUE M.S.BUILDING, DR.AMBEDKAR VEEDHI

BANGALORE 5. THE BANGALORE DEVELOPMENT AUTHORITY

REPRESENTED BY ITS COMMISSIONER

19

#20, KUMARA PARK WEST, SANKEY ROAD

BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE, BANGALORE

8. THE SCREENING COMMITTEE FOR REGULARISATION, REP BY ITS CHAIRMAN BRUHAT BANGALORE MAHANAGARA PALIKE

N R SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4; SRI BASAVARAJ V. SABARAD, ADV., FOR R-5;

SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8)


THAT THE PROVISIONS OF SECTION 321-A OF KARNATAKA

MUNICIPAL CORPORATION ACT, 1976 (INSERTED VIDE

AMENDMENT UNDER KARNATAKA MUNICIPAL

CORPORATIONS (REGULARISATION OF UNAUTHORISED

DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007

ANNEXURE-B IS UNCONSTITUTIONAL, VOID AND

UNENFORCEABLE INSOFAR AS THE PETITIONERS ARE

CONCERNED ETC.,

IN W.P.NO.2486/08

BETWEEN 1. BALAKRISHNA S/O LATE VENKATESHAIAH

AGED ABOUT 60 YEARS, R/A D.NO.8, AND 21,

MALLATHAHALLI, GNYANAGANGA NAGAR WARD NO.13, NEAR P.V.P. SCHOOL BANGALORE-560056 2. SMT KALAVATHI W/O H N NAGARAJAIAH SETTY

AGED 52 YEARS, NO.35, MALLATHAHALLI

WARD NO.13, BANGALORE-560056

20

3. N MOHAN KUMAR S/O G. NAGARAJ AGED 37 YEARS, NO.22, MALLATHAHALLI

WARD NO,13, BANGALORE-560056 4. SMT SALMA RIDA

W/O SRI ANEES-UR-REHAMAN BEIG

AGED ABOUT 27 YEARS, R/A NO.13 7TH MAIN, J P NAGAR V PHASE VINAYAKANAGAR, BANGALORE-560078

... PETITIONERS

(BY SRI KALEEMULLAH SHARIFF, ADV.,)

AND 1. THE STATE OF KARNATAKA

BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT

M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE-560001

2. BRUHAT BANGALORE MAHANAGARA PALIKE REP BY ITS DEPUTY COMMISSIONER (SOUTH), OFFICE OF RAJARAJESWARI CITY

MUNICIPAL COUNCIL RAJARAJESWARI NAGAR, BANGALORE

3. THE BANGALORE DEVELOPMENT AUTHORITY K P EXTENSION, BANGALORE-560020 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION

DEVELOPMENT AUTHORITY CUNNINGHAM ROAD, BANGALORE-560052 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI K KRISHNA, ADV., FOR R-3;

SRI S G PANDIT, ADV., FOR R-4)

21


THAT THE AMENDMENT ACT VIZ., THE KARNATAKA TOWN

AND COUNTRY PLANNING AND CERTAIN OTHER LAWS

(AMENDMENT) ACT, 2004 (KARNATAKA ACT NO.1/2007) VIDE

ANNEXURE-H INSERTING SECTION 76FF TO THE MAIN ACT

OF 1961 AND SIMILAR AMENDMENTS BROUGHT ABOUT IN

KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 AND THE

KARNATAKA MUNICIPALITIES ACT, 1964 AS

UNCONSTITUTIONAL BEING ULTRA VIRES AND VOID ETC.,

IN W.P.NO.3622/08

BETWEEN

1. SMT. SAROJAMMA

W/O SREEKANTAIAH AGED 47 YEARS SITE NO.29, S.NO.115

MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

2. MARIYAPPA S/O BHADREGOWDA

AGED 58 YEARS SITE NO.7, S.NO.115 MALLATHAHALLI YESHWANTHAPURA HOBLI BANGALORE-560056

3. SMT JAYALAKSHMI W/O MARIYAPPA AGED 48 YEARS SITE NO.7, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI

BANGALORE-560056

4. H G SHANTHAKUMARI W/O K S MARIYAPPA AGED 38 YEARS, SITE NO.107/1 S.NO.115, MALLATHAHALLI

YESHWANTHPURA HOBLI BANGALORE-560056

22

5. E RAJAPPA S/O KENCHAVEERAIAH

AGED 58 YEARS, SITE NO.30 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

6. DR. SUNIL KUMAR S/O CHANNAPPA

AGED 48 YEARS, REP BY HIS G P A SRI G GANGAHUCHAIAH S/O LATE GANGAIAH, SITE NO.50 KHATA NO.150, S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

7. K NATESH S/O KAVERAPPA

AGED 44 YEARS SITE NO.46, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI

BANGALORE-560056

8. S C BORAIAH S/O LATE CHANNAPPA AGED 55 YEARS, SITE NO.40 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI

BANGALORE-560056

9. N C SIDDALINGAIAH S/O LATE CHANNAPPA AGED 36 YEARS SITE NO.20, S.NO.115

MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

10. SMT REHANA BANU W/O INAYATH ALI BAIG

AGED 38 YEARS, SITE NO.36

S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/A NO.13, 5TH MAIN PUTTANAHALLI, VINAYAKNAGAR 5TH PHASE, J P NAGAR

BANGALORE

23

11. SMT SHEHER JAFFAR

W/O SYED JAFFER AHMED AGED 25 YEARS, SITE NO.49 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/A NO.10, 5TH CROSS

17TH MAIN, BTM I STAGE, I PHASE BANGALORE

12. SMT RIZWANA BANU W/O MOHAMMED ARIF AGED 36 YEARS, SITE NO.37

S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

NOW R/AT NO.13, I FLOOR PUTTENAHALLI 5TH MIAN, VINAYAKANAGAR

J P NAGAR, BANGALORE

13. SMT. RUKSANA BANU W/O RIYAZULLAKHAN AGE 34 YEARS, SITE NO.38 S.NO.115, MALLATHAHALLI

YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/AT MASJID MOHALLA RAMANAGARAM ... PETITIONERS

(BY SRI KALEEMULLAH SHARIFF, ADV.,) AND 1. THE STATE OF KARNATAKA

BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT

M S BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560001

2. BRUHAT BANGALORE MAHANAGARA PALIKE REP BY ITS DEPUTY COMMISSIONER (SOUTH) OFFICE OF RAJARAJESWARI CITY MUNICIPAL

COUNCIL, RAJARAJESWARI NAGAR, BANGALORE

24


K P EXTENSION, BANGALORE-560020 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY CUNNINGHAM ROAD

BANGALORE-560052 REP BY ITS COMMISSIONER ... RESPONDENTS


SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI V B SHIVAKUMAR, ADV., FOR R-3;

SRI S G PANDIT, ADV., FOR R-4)


DECLARE THAT THE AMENDMENT ACT VIZ., THE

KARNATAKA TOWN AND COUNTRY PLANNING AND

CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004

(KARNATAKA ACT NO.1/2007 VIDE ANNEXURE-L

INSERTING SECTION 76FF TO THE MAIN ACT OF 1961

AND SIMILAR AMENDMENTS BROUGHT ABOUT IN THE

KARNATAKA MUNICIPAL CORPORATIONS ACT, 1964 AS

UNCONSTITUTIONAL BEING ULTRA VIRES AND VOID SO

FAR AS PETITIONER IS CONCERNED ONLY ETC.,

IN W.P.NO.13336/05

BETWEEN 1. S VASUDEV, ADVOCATE

NO.78/2, SUSHEELA ROAD

DODDA MAVALLI BANGALORE-560004

2. AMARNATH A V, ADVOCATE NO.1756, 1ST ‘B’ MAIN NARAYANA MANSION

GROUND FLOOR, RAJAJINAGAR BANGALORE-560010

25

(THE PRESENT PETITIONERS ARE SUBSTITUTED IN PLACE OF ORIGINAL PETITIONERS V/O DATED 15.11.2005) ... PETITIONERS

(BY SRI PRADEEP S. SAWKAR, ADV., FOR

M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,) AND 1. STATE OF KARNATAKA

REP HEREIN BY PRINCIPAL SECRETARY

DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BANGALORE-560001

2. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BANGALORE-560032

REP BY ITS COMMISSIONER

3. BANGALORE MAHANAGARA PALIKE KORAMANGALA SUB-DIVISION BANGALORE-560034 REP BY ITS COMMISSIONER

4. DEPUTY COMMISSIONER (EAST)

BANGALORE MAHANAGARA PALIKE MAYO HALL, BANGALORE-560001

5. THE COMMISSIONER OF POLICE

BANGALORE CITY, INFANTRY ROAD BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 & 5; SRI BASAVARAJ V. SABARAD, ADV., FOR R-2;

SRI K N PUTTEGOWDA, ADV., FOR R-3 & 4)

THIS WRIT PETITION IS FILED PRAYING TO DIRECT

RESPONDENT NOS.1 TO 4 TO CONDUCT A SURVEY OF

KORAMANGALA LAYOUT AND IDENTIFY BUILDINGS

WHICH HAVE BEEN CONSTRUCTED IN VIOLATION OF

THE SANCTIONED PLAN AND/OR IN VIOLATION OF THE

26

BUILDING BYE-LAWS AND ORDER DEMOLITION OF THE

OFFENDING PORTIONS ETC.,

IN W.P.NO.19483/07

BETWEEN B S SRINIVAS S/O B SEETHARAMAIAH AGED 41 YEARS, R/AT NO.5/6, HIMAVAD

7TH CROSS, NEW BANK COLONY KONANAKUNTE, BANGALORE-560062 ... PETITIONER

(BY SRI PRADEEP S. SAWKAR, ADV., FOR M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,)

AND 1. THE STATE OF KARNATAKA

URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA

VIDHANA SOUDHA, BANGALORE-560001 REPRESENTED BY PRINCIPAL SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560001 REPRESENTED BY THE COMMISSIONER

3. BRUHAT BANGALORE MAHANAGARA PALIKE

J.C.ROAD, BANGALORE-560002 REPRESENTED BY COMMISSIONER

4. THE MEMBER SECRETARY

BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY M.S.BUILDING, BANGALORE-560001 ... RESPONDENTS


SRI VISHNU D. BHAT, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; R-4 SERVICE HELD SUFFICIENT V/O DT. 26.06.2009)

27


DECLARE SECTION 76FF OF THE KARNATAKA TOWN

AND COUNTRY PLANNING ACT, 1961 AS ULTRA VIRES

ARTICLES 14 AND 21 OF THE CONSTITUTION INSOFAR

AS THE PETIITONER IS CONCERNED ETC.,

IN W.P.NO.18952/07

BETWEEN 1. SRI ANANTHPADMANABHA

S/O NARAYANACHAR

AGED ABOUT 50 YEARS NO.90, 1ST MAIN NRUPATHUNGA NAGAR KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE

BANGALORE-76

2. H S KRISHNA MURTHY

S/O N.R.SHANKARNARAYAN AGED ABOUT 69 YEARS NO.30, 1ST CROSS NRUPATHUNGA NAGAR

KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE

BANGALORE-76 3. SRI K R GOPAL S/O LATE K.S.RAMA SETHU

AGED ABOUT 60 YEARS

NO.140, 2ND MAIN, 4TH CROSS KOTHANUR DINNE MAIN ROAD NRUPATHUNGA NAGAR J.P.NAGAR 8TH PHASE, BANGALORE-76

4. SMT. SABITHA RAVI W/O V.RAVI

AGED ABOUT 36 YEARS NO.13, 1ST CROSS NRUPATHUNGA NAGAR KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE


(BY SRI RAGHU PRASAD B S, ADV.,)

28

AND


URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VIDHANA VEEDHI, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA

PALIKE, N.R.SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER


KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

4. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE-1 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 & 4; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI K N PUTTEGOWDA, ADV., FOR R-3)


THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE

ANNEXURE-K.

IN W.P.NO.19431/07 BETWEEN KARTHIKEYAN NAIR .R S/O T.K.RAMAN PILLAI AGED ABOUT 71 YEARS NO.49, NAYAK LAYOUT

J.P.NAGAR 8TH PHASE BANGALORE-76 ... PETITIONER


29

AND


URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY


PALIKE, N.R.SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER


KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS





ANNEXURE-G ETC.,

IN W.P.NO.19432/07

BETWEEN 1. SHASHI DESHPANDE

S/O D.SRINIVAS MURTHY AGED 42 YEARS

2. SMT. DEEPA SASHTRY

D/O C.V. SASHTRY AGED 37 YEARS

3. SRI C V SASHTRY

S/O LATE C V CHANDRASHEKAR SASHTRY AGED 66 YEARS

4. SMT. UMA SASHTRY W/O C.V. SASHTRY AGED 61 YEARS,

5. SRI AJEY KUMAR S/O C.V. SASHTRY

AGED 30 YEARS

30

REP BY GPA HOLDER

MR.CHELUR VENKATESHWARA SHASTRY R/A FD-61, HAL S O ENCLAVE OLD MADRAS ROAD, BANGALORE-93

ALL P.1 TO P.4 ARE R/AT NO.358 8TH CROSS, NRUPATHUNGA NAGAR

J P NAGAR 7TH PHASE BANGALORE-78 ... PETITIONERS



URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI, BANGALORE-1

REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS


SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)



ANNEXURE-K INSOFAR AS PETITIONERS ARE

CONCERNED.

IN W.P.NO.19433/07

BETWEEN 1. SRI GIRISH KAMATH

S/O LATE H. GOPALAKRISHNA KAMATH AGED 37 YEARS

31

NO.34, NAYAK LAYOUT

JAMBOOSAVARI DINNE J P NAGAR 8TH PHASE BANGALORE-76

2. H B GOPINATH S/O LATE H. BALAJI RAO

AGED 69 YEARS NO.12 SHIVANI SURABHINAGAR JAMBOOSAVARI DINNE NAYAK LAYOUT J P NAGAR 8TH PHASE


(BY SRI RAGHU PRASAD B S, ADV.,) AND


URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI BANGALORE-1


2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-1 REP BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REP BY ITS COMMISSIONER ... RESPONDENTS





ANNEXURE-J INSOFAR AS PETITIONERS ARE

CONCERNED.

32

IN W.P.NO.19434/07

BETWEEN

SRI K SRINIVASA S/O KRISHNASA M

AGED 60 YEARS, NO.55, II MAIN

I CROSS, SHREYAS COLONY

J P NAGAR 7TH PHASE

BANGALORE-78

... PETITIONER


AND

1.STATE OF KARNATAKA

URBAN DEVELOPMENT DEPARTMENT

MULTISTOREYED BUILDING

VEEDHANA VEEDHI

BANGALORE-1


2.THE BRUHATH BANGALORE MAHANAGARA

PALIKE, N R SQUARE, BANGALORE-1


3.THE BANGALORE DEVELOPMENT AUTHORITY

KUMARA PARK WEST, BANGALORE-1


... RESPONDENTS


SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2; SRI BASAVARAJ V. SABARAD, ADV., FOR R-3)



ANNEXURE-J ETC.,

33

IN W.P.NO.19699/07

BETWEEN

1.SRI RAGHAVENDRA PAI

S/O SRI K.K.PAI, AGED 43 YEARS

NO.95, 3RD MAIN ROAD, RATHADRI LAYOUT

JAMBOOSAVARI DINNE

J.P.NAGAR 8TH PHASE, BANGALORE-78

2.SRI P G SRINIVAS S/O LATE GIRIAPPA

AGED 47 YEARS, NO.6, NAYAK LAYOUT

JAMBOOSAVARI DINNE


3.SRI SRINATH S D S/O S.R.DINAMANI


JAMBOOSAVARI DINNE


4.SRI GANESH H K

S/O VENKATARAMANAPPA H.K.

AGED 43 YEARS, NO.12, 8TH MAIN

NAYAK LAYOUT, KOTHANUR DINNE


5.SMT. SUDHA G. BHAT

D/O GANAPATHI BHAT

AGED 40 YEARS, NO.13

8TH MAIN, NAYAK LAYOUT

KOTHANUR DINNE

J.P.NAGAR 8TH PHASE

BANGALORE-78

6.SRI SATHEESHA NAYAK

S/O LATE A. GOVINDARAYA NAYAK


KOTHANUR DINNE, J.P.NAGAR 8TH PHASE

BANGALORE-78

7.SMT.NALINI VENKATESH

W/O P. VENKATESH, AGED 45 YEARS

NO.56/1, II BLOCK, 6TH MAIN

APK ROAD, T.R.NAGAR, BANGALORE-28

34

8.SRI ROY MATHEW S/O V P MATHEW

AGED 39 YEARS, NO.97/2

BELLURAPPA COMPOUND

RAMAMURTHYNAGAR, BANGALORE-16

9.ANNAPURNA HEGDE

W/O GOPAL G. HEGDE, AGED 39 YEARS

NO.35, NAYAK LAYOUT

JAMBOOSAVARI DINNE


10.VISHVANATH VISHNU HEGDE

S/O VISHNU K. HEGDE, AGED 57 YEARS

NO.22, NAYAK LAYOUT, JAMBOOSAVARI DINNE


... PETITIONERS


AND

1.STATE OF KARNATAKA

URBAN DEVELOPMENT DEPARTMENT

MULTISTOREYED BUILDING

VEEDHANA SOUDHA, BANGALORE-1



PALIKE, N.R.SQUARE, BANGALORE-1

REPRESENTED BY ITS COMMISSIONER


KUMAR PARK WEST, BANGALORE

REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)


AND STRIKE DOWN THE IMPUGNED NOTIFICATION

PRODUCED AS ANNEXURE-G AS UNCONSTITUTIONAL, ULTRA

VIRES AND VIOLATIVE OF ARTICLE 14 BY ISSUING A WRIT IN

35

THE NATURE OF CERTIORARI QUASHING THE IMPUGNED

NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-G

INSOFAR AS THE PETITIONERS ARE CONCERNED.

IN W.P.NO.10323/07

BETWEEN

MR. D V LAKSHMANA RAO

AGED 87 YEARS

S/O LATE SHRI D. VENKATASUBBA RAO

NO.B-71, SHANKARA PARK

RANGARAO ROAD

SHANKARAPURAM

BANGALORE-560004

... PETITIONER

(BY SRI M V V RAMANA, ADV., FOR

M/S.LEGAL SOLUTION, ADVS.,)

AND

BANGALORE DEVELOPMENT AUTHORITY

BY ITS COMMISSIONER/TOWN PLANNING

MEMBER, T.CHOWDAIAH ROAD

KUMARA PARK WEST

BANGALORE-20

... RESPONDENT

(BY SRI M B PRABHAKAR, ADV.,)


THE ORDER DATED 24.05.2007 PASSED BY

RESPONDENT NO.1 VIDE ANNEXURE-H ETC.,

THESE WRIT PETITIONS COMING ON FOR FINAL

HEARING THIS DAY, ASHOK B. HINCHIGERI .J MADE

THE FOLLOWING:

36

ORDER

Sri A.S.Ponnanna, learned Additional Advocate

General submits that the impugned Rules are repealed and

that the Karnataka Town and Country Planning

(Regularisation of Unauthorized Development or

Constructions) Rules, 2014 have come into force.

2. In view of the aforesaid subsequent development,

these petitions have become infructuous. They are

accordingly dismissed as having become infructuous.

Liberty is reserved to the petitioners to challenge the

Karnataka Town and Country Planning (Regularisation of

Unauthorized Development or Constructions) Rules, 2014

and/or the statutory provisions under which the said Rules

are made.

All the pending I.As. are dismissed as having become

unnecessary.

Sd/-

CHIEF JUSTICE

Sd/- JUDGE

bkv

in the high court of karnataka at bengaluru dated this...

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