H JAYARAM REDDY Vs. BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) THE two residents of Dollar Scheme Layout in Madiwala bangalore have filed these two Writ Petitions for a writ of mandamus to the Bangalore Mahanagara Palike and Bangalore Development authority for revoking the sanctioned plan and for a direction to demolish the college building constructed in the two sites by the 3rd respondent herein and for quashing of the special permission granted by the Bangalore Development Authority (BDA for short) to establish a college.

(2.) THEY contend in the petition that the Dollar Scheme Layout in madiwala is a residential colony notified as such by the BDA in its comprehensive Development Plan (CDP for short ). They have constructed two residential houses in premises No. 4 and 5a at 36th main, II Cross, BTM I Stage. The adjacent two sites bearing No. 2 and 3 which were allotted by the BDA purely for purposes of constructing residential houses by the allottees, was purchased by 3rd respondent herein from the allottees. Subsequently, he has amalgamated the two sites to one and obtained a sanctioned plan for constructing a college. On coming to know of the same, the residents of the layout objected for the same before the Corporation authorities. The Corporation authorities realizing their mistake, directed the 3rd respondent not to proceed with the construction without seeking for a change of land use as required under the karnataka Town and Country Planning Act. On being told so by the corporation authorities, respondent 3 approached the BDA seeking for change of land use by making an application in that regard. The application was taken on file and objections were invited from the residents by a notice published in the local daily - Annexure E. All the residents objected. However, without proceeding to consider the said application on merits, the BDA granted permission sought for by the 3rd respondent vide Annexure H, to build and establish a college without notice and without regard to the provisions of the karnataka Town and Country Planning Act, zonal regulations, building bye laws and the interests of the residents. This action of the BDA in granting special permission vide Annexure H is questioned as arbitrary, illegal and in violation of the principles of natural justice, and is liable to be quashed.

(3.) DURING the hearing of the Writ Petitions, one Alliance Business academy got impleaded as 4th respondent on the ground that the said respondent is a lessee of the premises and he has put up the building and running classes in computer training.