WINDMILLS OF YOUR MIND OWNERS ASSOCIATION Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) The petitioner No.1 is an association of persons comprising of the purchaser of the apartments in the building project known as 'Windmills of Your Mind' constructed by petitioner No.2 in various survey numbers situated at Hoodi Village and Sonnenahalli Village, K.R. Puram Hobli, Bangalore East Taluk. At the time of seeking for Development Plan and Building Plan in terms of applicable Rules, the Petitioner No.2-Developer had relinquished parks and open spaces as also civic amenity sites to the respondent - Bangalore Development Authority (BDA). Upon completion of the construction and at the time of issuance of occupancy certificate, the petitioner No.1-Association supported by the petitioner No.2-Developer had approached the BDA seeking for allotment of the parks, open spaces and civic amenity sites comprised of in the development plan. In pursuance thereof, respondent-BDA executed the lease agreement in respect of the said area for a period of 30 years and issued the allotment letter dtd. 12/4/2016 to the petitioner. However, while doing so, the respondent imposed a condition of making payment of lease rentals on annuity basis. It is aggrieved by the same, the petitioners are before this court seeking for the aforesaid reliefs.

(3.) Sri. G. Sridhar , learned counsel for the petitioners would submit that the manner in which vide Annexure-G namely the allotment letter dtd. 12/4/2016 the respondent has sought to value the lease rentals is not permissible since what is being given to the petitioners is a right to use the civic amenity comprised of in the development plan in which the members of the petitioner are owners and this Court has in decision dtd. 13/7/2011 in WP No.12689/2011 categorically held that the BDA (Allotment of Civic Amenity Sites) Rules, 1989 would not apply and it would be Regulation 7 and 7.1 of Chapter 7 of the Zonal Regulations, which came into force in the year 2007, which would be applicable to the case of the petitioners. At the most, there could be certain conditions which could be imposed but not lease rentals on the petitioner No.2. Therefore, the condition of the payment of lease rentals imposed in the allotment letter dtd. 12/4/2016 is not proper. He, however, submits that the petitioners would comply with any reasonable directions and/or conditions imposed by the respondent - BDA.