S N CHANDRASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave granted.

(2.) The State of Karnataka enacted the Karnataka Town and Country Planning Act, 1961 (for short, the Act). The Bangalore Development Authority (for short, the BDA) had been constituted under the said Act. A Comprehensive Development Plan was prepared by the BDA. In Jayanagar which is a residential area in the town of Bangalore, allotment of houses had been made to individuals for residential purpose only in terms of the said development plan. Whereas the Appellants were allotted houses bearing Nos. 282D and 281D, one K.V. Ramachandra was allotted Plot No. 585. A deed of sale was executed in his favour on 10-12-1994, inter alia, on the condition that the same would be exclusively used for residential purpose only. The Respondent No. 6 purchased the said premises from the said K.V. Ramachandra by a registered deed of sale dated 24-8-1998. He intended to convert the land use from residential to commercial wherefor an application was made before the BDA. The said application was treated to be one under Section 14-A of the Act.

(3.) The Jayanagar 5th Block Residents Welfare Association filed its objections thereto on 27-03-1999. It, however, later on issued a no objection certificate, stating: