BANGALORE HOUSING DEVELOPMENT AND INVESTMENTS REPRESENTED BY ITS PARTNER Vs. BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION REPRESENTED BY ITS COMMISSIONER AND OTHERS

JUDGEMENT

(1.) Since common questions arise for consideration in both these writ petitions, at the request of the learned counsels, they are heard together.

(2.) Writ petition No.11522/2012 is filed by the owner of the property bearing No.4/1, Bannerghatta Main Road, Bangalore, admeasuring 53,974.81 sq.meters, about 13 acres 131/2 guntas. The petitioner entered into a registered Joint Development Agreement dated 26.12.2003, with the second respondent for constructing commercial buildings and to deliver a minimum of 4 lakh sq.ft. or 31% of the constructed area among various other terms and conditions. Various documentations were also entered into including a registered Power of Attorney in favour of the second respondent to obtain necessary sanction, permission, license, etc. Thereafter, the second respondent applied for a plan sanction for construction of Towers A to G. In terms of the plan sanction vide L.P.No.324/2000-01, and as modified on 15.5.2006, Towers A and B were constructed. The corporation granted a Partial Occupancy Certificate (hereinafter referred as 'POC' for the sake of convenience) dated 31.10.2003 for these two towers. In terms of the Joint Development Agreement, part of the constructed area was handed over to the petitioners. Thereafter, Towers C and D were constructed. Hence, the second respondent sought for a POC with respect to Towers C and D. By an order dated 29.10.2011, the Corporation issued a POC on various terms and conditions. Being aggrieved by the grant of POC, W.P.No.11522/2012 is filed to quash the said POC and other reliefs.

(3.) During the pendency of the writ petition, the Corporation issued an order dated 24.12.2012, withdrawing the POC granted earlier. Questioning the withdrawal of the POC, the builder has filed W.P.No.739/2013 seeking for a writ to direct the respondents to restore the occupancy certificate granted earlier and consequential reliefs.