KRISHNASWAMY SATYA PRASAD, S/O C A KRISHNASWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY; STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:

(2.) The petitioner claims to be the owner of vacant site bearing No.28 (Old No.616), PID-7-37-28 situate at 12th Main, 18th Cross, Malleshwaram, Bangalore. The said property which was initially lying in the residential zone as indicated in the Master Plan was subsequently designated as 'Park' in the Revised Master Plan 2015 (hereinafter referred to as 'RMP 2015'). It is no doubt true that the petitioner had earlier made an application seeking change of land use as contemplated under Section 14 (A) of the Karnataka Town and Country Planning Act, 1961. Subsequently, the petitioner taking note of the provisions contained in Section 69 (2) of the said Act has approached this Court seeking for a declaration that in view of period of five years having lapsed from the RMP 2015, the consequence would be that in the absence of acquisition of the property for the said purpose, it would revert back to its earlier purpose.

(3.) It is therefore contended on behalf of the petitioner that the designation as 'Park' in the RMP 2015 in respect of the land indicated above has lapsed. It is sought that the petitioner be permitted to use the property for residential purpose without seeking change of land use. The respondents have filed their objection statement. It is not in dispute that the property in question was designated as a 'Park' in RMP 2015 and the period of five years has lapsed and that no proceedings have been initiated for acquisition of the said land.