N. GOPAL Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner having obtained permission to divert 35 guntas of agricultural land in Sy. No. 100/1 of Panathur Village, Varthur Hobli, Bangalore East Taluk for Industrial (Hi-Tech) (Sensitive) by order of the Deputy Commissioner under Section 95 of Karnataka Land Revenue Act, 1964, made an application to the respondent-Bangalore Development Authority (for short, 'BDA') for change of land use from (Hi-Tech) (Sensitive) to Industrial (Hi-Tech) and permission for development. Petitioner's request was responded to by communication dated 17-7-2012 Annexure-F informing him that in terms of a resolution dated 22-5-2012 in Subject No. 139/2012, resolving not to consider applications for development of lands in the sensitive zone if the extent of land is less than 1 acre and that if the land owners file application after pooling the land to and to an extent above 1 acre, accordingly deferred consideration until the petitioner and others pool in and make an application for development of an area exceeding 1 acre. On the request of the petitioner a copy of the resolution dated 22-5-2012 was made available by enclosing the same to the letter dated 27-8-2012 Annexure-G. In the said resolution, the BDA states that areas which are identified as sensitive zone are generally near tanks and canals and if permission is accorded for development of such areas which are less than 1 acre in size without installing Sewage Treatment Plants (STPs), the garbage and waste water would be allowed to flow to the tanks and canals and therefore decided not to consider such applications for development. It was further resolved that if the concerned landlord/applicants join together by pooling their land to increase it to 1 acre and above, such applications would be considered. Hence these petitions for the following reliefs:

(2.) On 11-2-2013, this Court passed the following order.--

(3.) Learned Counsel for respondent-BDA submits that the petitioner's application for development would be considered along with the affidavit of undertaking to provide STP and that there is no necessity to quash the resolution Annexure-G, though the land of the petitioner measures 35 guntas and not 1 acre and above.