(BY SRI. RAMESH K R.,ADVOCATE) v. SRI. YOGESH D NAIK, ADVOCATE FOR R2 AND R3)
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Karnataka Town and Country Planning Act, 1961 s. 14A
Key paragraphs
- Para 33. THE METROPOLITAN COMMISSIONER BENGALURU METROPOLITAN REGION DEVELOPMENT AUTHORITY(BMRDA) NO.1, ALI ASKAR ROAD BENGALURU-560052. (BY SRI.SHAMANTH NAIK., HCGP FOR R1; SRI. YOGESH D NAIK, ADVOCATE FOR R2 AND R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING…
Judgment
SRI DEVARAJU M S/O LATE N MUNIYAPPA AGED ABOUT 56 YEARS NO.39/2, OLD NO.38 8TH C CROSS NEAR GOVERNMENT SCHOOL JAKKUR VILLAGE BENGALURU-560064. (BY SRI. RAMESH K R.,ADVOCATE) …PETITIONER Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA AND:
THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIKASA SOUDHA BENGALURU-560001.
THE MEMBER SECRETARY BENGALURU INTERNATIONAL AIRPORT AREA PLANNING AUTHORITY(BIAAPA) NO.333/1, V J COMPLEX 1ST FLOOR, SULIBELE ROAD - 2 - NC: 2024:KHC:11325 WP No. 4336 of 2024 SHANTHINAGARA DEVANAHALLI TOWN BENGALURU RURAL DISTRICT-562110.
THE METROPOLITAN COMMISSIONER BENGALURU METROPOLITAN REGION DEVELOPMENT AUTHORITY(BMRDA) NO.1, ALI ASKAR ROAD BENGALURU-560052. (BY SRI.SHAMANTH NAIK., HCGP FOR R1; SRI. YOGESH D NAIK, ADVOCATE FOR R2 AND R3) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IF NECESSARY; DIRECTING THE R-1 TO 3 TO PASS APPROPRIATE ORDERS CONSIDERING THE APPLICATION GIVEN BY THE PETITIONERS DATED 4.12.2023 AT ANNX-D SEEKING CHANGE OF LAND USE OF HIS RESIDENTIALLY CONVERTED LANDS BEARING SY NO. 35 TO AN EXTENT OF 3 ACRES 37 GUTNAS LAND BEARING SYN O. 36/1 TO AN EXTENT OF 11/2 GUNTAS AND THE LAND BEARING SYN O. 36/2 TO AN EXTENT OF 141/2 GUNTAS (OUT OF 2 ACRES 241/2 GUNTAS IN SY NO. 36/2) IN ALL 4 ACRES 23 GUNTAS OF CHIKKANNANA HOSAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DIST. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2024:KHC:11325 WP No.
4336 of 2024 ORDER The petitioner has filed this petition for directions to the respondents to consider his request for grant of change in land user for his properties in Survey Nos.35, 36/1 and 36/2 [totally measuring 4 acres 23 guntas] of Chikkannana Hosahalli village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District. Sri K.R. Ramesh, the learned counsel for the petitioner, Sri Yogesh D Naik, the learned counsel for the second and the third respondents, and Sri Shamanth Naik, the learned High Court Government Pleader for the first respondent, are heard. Sri Yogesh D Naik submits that, acting upon the petitioner's application, notice as is contemplated under the provisions of the Section 14A of the Karnataka Town and Country Planning Act, 1961, is published on 09.01.2024 and that the petitioner's application will be duly considered after examining the objections, if any, are filed.
In fact, Sri Yogesh D Naik, submits that the petition is premature. - 4 - NC: 2024:KHC:11325 WP No. 4336 of 2024 When queried, Sri Yogesh D Naik submits that the third respondent would only forward the recommendation to the first respondent and the decision in that regard will be taken by the first respondent. In the light of these submissions, which remain uncontroverted, the petition stands disposed of directing the third respondent to communicate to the petitioner its recommendation to the respondent and the first respondent’s decision on his application on or before 30.09.2024. Sd/- JUDGE NV
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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