M/S. GOLDEN GATE PROPERTIES LTD., BY ITS EXECUTIVE DIRECTOR Vs. THE STATE OF KARNATAKA, BY ITS ADDITIONAL CHIEF SECRETARY & COMMISSIONER,

JUDGEMENT

(1.) THE petitioner is a housing project developer. BDA vide Resolution No. 227/05 dated 25.08.2005, approved 'Golden Blossom Group Housing Project' to be developed by the petitioner. Petitioner executed on 25.11.2005, a relinquishment deed in favour of the BDA, in respect of civic amenity areas in the said housing project. The work order in pursuance of the said resolution was issued by the BDA on 15.12.2005. On 25.06.2007, Government of Karnataka approved the Revised Master Plan - 2015 under the Karnataka Town and Country Planning Act, 1961. Petitioner submitted representations to the BDA requesting to handover civic amenity areas formed in "Golden Blossom Group Housing Project". Finding no response, petitioner filed W.P. 12689/2011, to direct the respondents to permit it to develop the civic amenity areas mentioned in the Relinquishment Deed dated 25.11.2005 and to handover the same for being maintained as the park and open area, apart from seeking other directions. The writ petition was disposed of on 13.07.2011, with a direction to the BDA to consider the representation of the petitioner as well as of the Residents' Association, in the context of Regulation 7 of the Revised Master Plan - 2015 and not under the BDA (Allotment of Civic Amenity Sites) Rules, 1989.

(2.) THE petitioner submitted a representation dated 16.08.2011 and sought compliance of the order dated 13.07.2011 passed in W.P. 12689/2011. BDA issued three allotment letters dated 10.11.2011, in respect of civic amenity site Nos. 1, 2 and 3 vide Annexure -E series and allotted the said three sites for 30 years' lease period and directed the petitioner to deposit the sums shown therein. Finding the said action as being not in conformity with the order dated 13.07.2011 passed in W.P. 12689/2011, petitioner submitted representations dated 21.11.2011 and 02.12.2011 and sought permission to develop the C.A. sites as contemplated in the Regulations and further finalise the mode and manner of handing over of developed civic amenities to the Residents Association. It also sought sanction of building plan.

(3.) THE respondents 2 and 3 filed statement of objections and stated that as per the order dated 13.07.2011 passed in W.P. No. 12689/2011 and the resolution No. 301/11 dated 26.08.2011 of the BDA, the civil amenity site Nos. 1, 2 and 3, measuring 3062.00 sq.mtrs, 383.63 sq.mtrs and 1.32.30 sq.mtrs., respectively, were allotted in favour of the petitioner and allotment letters were issued on 10.11.2011, on 30 years' lease basis and the lease amount at the rate of Rs. 4,384/ - per sq. mtr., has been charged and the petitioner was informed to pay Rs. 1,34,23,808.00 for C.A. Site No. 1, Rs. 16,81,834.00 for C.A. Site No. 2 and Rs. 5,80,004.00 for C.A. Site No. 3 within a period of 90 days. They have acknowledged the receipt of the representations, vide Annexures - F and G, from the petitioner. It was stated that the writ petition is bad for non -impleading of necessary party -Flat Owners Association. It has been submitted that in view of non -payment of lease amount, the lease agreement and the possession certificates were not issued and the sanction of plan by the Engineering Section on 09.02.2012 is without ascertaining the fact with regard to execution or otherwise of lease agreement in respect of civic amenity sites. It has been stated that the mode of handing over of the civic amenity sites by the petitioner to the Apartments owners is required to be decided by the BDA and that the sites vide Annexure -E series were allotted on lease basis under the BDA (Allotment of Civic Amenity Sites) Rules, 1999. It has been further stated that in case the Flat Owners Association is made a party, the case of the petitioner for allotment of civil amenity sites will be considered.