MANTRI DEVELOPERS PRIVATE LIMITED Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioner is praying that the demand of lease amount and additional lease amount vide allotment letter dated 21.01.2012 (Annexure-H) towards Civic Amenity site be quashed. THE petitioner is also seeking for consideration of their representation dated 22.08.2011 (Annexure-F) and also to restore 15% excess land relinquished vide Relinquishment Deed dated 10.05.2006.

(2.) THE brief facts are that the petitioner is a developer of the residential apartment complex called 'Mantri Tranquil' at Gubbalala Village, Uttarahalli, Bangalore South Taluk. THE development plan was initially approved on 19.12.2005. As per the requirement, the petitioner relinquished 25% of the land measuring 11558.92 sq mtrs towards park etc (15%) and 7702.105 sq.mtrs towards civic amenities (10%). THE relinquishment deed dated 10.05.2006 was executed in favour of BDA. THE said plan was as per the Comprehensive Development Plan of 1995 ('CDP for short). THE plan approved in favour of the petitioner was modified on 30.03.2007. THE petitioner thereafter by letters dated 18.12.2007 and 23.02.2008 sought for re-conveyance of the relinquished land on lease basis. THE request was rejected by endorsement dated 06.07.2009. Subsequently the Master Plan �2015 and the Zonal Regulations 2007 has come into force with effect from 25.06.2007 whereby the change has been brought in vide Regulation No.7 with regard to development of parks, open areas and Civic Amenity area. According to the petitioner, the issue came up for consideration before this Court in the case of another developer viz., M/s. Golden Gate Properties Ltd., in W.P.No.12689/2007 and this Court by order dated 13.07.2011 has held that Regulations under Master Plan-2015 would be applicable and not the BDA (Allotment of Civic Amenity Sites) Rules 1989 (hereinafter referred to as 'the Rules 1989' for short). Hence, the petitioner made a representation dated 22.08.2011 (Annexure-F) seeking for handing over the area reserved for Civic Amenities as per Regulation 7 of Master Plan-2015 and Zonal Regulation-2007. Though the petitioner had assailed the earlier endorsement dated 06.07.2009 by filing W.P.No.35855/2011, the same was disposed of on 04.11.2011 directing consideration of the representation. THE respondent BDA by their allotment letter dated 21.01.2012 has allotted the Civic Amenity Area measuring 7702.180 for the lease rentals indicated therein. THE petitioner is therefore aggrieved by the imposition of lease rentals.

(3.) BEFORE considering the nature of request by the petitioner in the instant case for the Civic Amenity site, it would be appropriate to consider the position as it stood prior to the RMP-2015 and Zonal Regulations and the present position. The comparative provision as provided by the petitioner themselves is as follows;