COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY; STATE OF KARNATAKA AND ORS Vs. B R K SOFTWARE TECHNOLOGIES PVT LTD; HIMACHALAPATHI H M S/O MANJUNATHAIAH AND ORS

JUDGEMENT

(1.) Bangalore Developmental Authority and State of Karnataka have filed these appeals challenging the order passed by the learned Single Judge in WP No.16220/2007 dated 05.11.2008 wherein a direction is issued to the planning authority to show the property of respondent as residential which has been declared as Agricultural lands in the Planning District 3.09.

(2.) The facts leading to these appeals are as hereunder:

(3.) It is also the case of the respondent that, M/s. IVY Traders (India) Pvt.Ltd. having realized that an industry cannot be put up obtained conversion from the industrial to residential purpose from the Deputy Commissioner, Bangalore District as per Official Memorandum order dated 05.04.1994. In the master plan 2015, the land purchased by the respondents has been declared as agricultural land. Therefore, they requested the planning authority to delete their lands from the agricultural and treat the same as earmarked as residential purpose since the same was not considered; the writ petition was filed by the respondents for the aforesaid relief. The learned Single Judge after hearing the parties came to the conclusion that the master plan has been prepared without noticing that the land purchased by respondents had been converted for residential purpose and that such change has to be notified in the master plan by making necessary amendment. This order is called in question by the BDA and the Government.