KRISTAL GROUP Vs. ANEKAL DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 11/7/2017 passed by the learned Single Judge, by which writ petition preferred by the appellant has been disposed of. In order to appreciate appellant's grievance, relevant facts need mention, which are stated infra.

(2.) The appellant is the owner and is in possession of the land bearing Sy. Nos. 79, 80, 81, 82/182/2, 82/4, 83/5,57/2 and 57/3 totally measuring 17 acres 18 guntas plus 1 acre 6 guntas, both situated at Yemare Village, Sarjapur Hobli Anekal Taluk. The appellant obtained approval on 10/11/2005 for developing a housing layout on an area measuring 17 acres and 24 guntas of the aforesaid property from the Bangalore Metropolitan Regional Developmental Authority. Clause 11 of the Conditions imposed in the aforesaid order granting approval provides that internal roads of the layout shall not be utilized in a manner so as to restrict the access to neighboring lands. Anekal Development Authority (hereinafter referred to as 'the Authority' for short) approved the modified layout plan on 20/4/2011 for a housing layout and issued commencement certificate. Clause 11 of the conditions imposed in the approval of modified layout plan provides that from the roads of the developed layout, existing access to the neighbouring lands shall not be restricted.

(3.) In pursuance of the commencement certificate, the development was completed as per the modified layout plan and houses were built by various persons who had purchased the sites. The authority issued a notice on 6/3/2015 inter alia on the ground that compound wall constructed around the property restricts access to neighboring lands and therefore, the appellant has violated the condition imposed in the commencement certificate. The appellant was required to demolish the compound wall. The appellant assailed the validity of the aforesaid notice in a writ petition viz., W.P. No. 10602/2015. This court by an order dtd. 16/9/2016 disposed of the writ petition with a direction that notice dtd. 6/3/2015 be treated as show cause notice and appellant was permitted to file a reply. The authority was thereafter granted liberty to pass appropriate orders.