GOOD SHEPHERD CONVENT Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 7/7/2014 by which, betterment charges/fee is demanded against him and also sought for consequential direction by issuance of writ in the nature of mandamus to grant permission for construction of proposed four floors on the existing school campus by way of an extension to the existing building, without insisting on payment of betterment charges.

(2.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:-

(3.) Owing to increase in number of students and necessity for creation of few more class rooms, an application was made to the 2nd respondent/Bruhat Bengaluru Mahanagara Palike ('BBMP' for short) on 11/6/2014 seeking building licence for construction of additional four floors on the existing school campus. All the necessary documents were also annexed to the application and as required under the building bye-laws of the BBMP a scrutiny fee of Rs.1,61,438.00 was also enclosed to the said application. In reply to the said application seeking permission for construction of four floors on the existing building, a demand was raised by the BBMP making it a pre-condition for approval of plan demanding Rs.69,70,520.00 to be the betterment charges that the petitioner had to pay.