DHARIWAL LIFESPACES PVT LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned demand noticed dtd. 23/12/2022 at Annexure-A issued by the 4th respondent Joint Director of Town Planning (South), BBMP, Bangalore to the extent where an additional condition has been imposed in the demand notice that the petitioner should relinquish the portion of land reserved for widening the road, measuring 2409.98 sq. mtrs, free of costs, before issuing licence and plan.

(2.) Learned counsel for the petitioner submits that similar conditions imposed in the demand notices were the subject matter of several writ petitions including W.P.No.9408/2020 and connected matters in the case of Dr.Arun Kumar.B.C /vs./State of Karnataka and others, which were decided on 17/1/2022. Learned counsel submits that the co-ordinate bench considered the objections raised at the hands of the respondent - Bruhat Bengaluru Mahanagara Palike (BBMP) that the conditions were imposed in terms of the circular dtd. 29/2/2016 and the co-ordinate bench struck down the said circular dtd. 29/2/2016 issued by the Commissioner, BBMP and also quashed and set aside the portion of the demand notice where such a condition was imposed.

(3.) Having gone through the said judgment in the case of Dr.Arun Kumar.B.C (supra), this Court finds that the co-ordinate bench found that such a circular issued by the Commissioner directing the owners who approached the BBMP for sanction of a building licence and plan to surrender a portion of the properties earmarked for widening of road for free of costs was clearly in violation of the provisions contained in Article 300-A of the Constitution of India. It was also found that endorsements issued to several writ petitioners declining to sanction the plan unless the applicants comply with the requirements of surrendering a portion of property free of costs were also not in terms of the provisions contained in the Karnataka Town and Country Planning Act. It was held that the provisions contained in the Karnataka Town and Country Planning Act stipulate surrendering of the roads which were formed in a new layout, in terms of the sanction plan, but however, if the planning authority or the local authority sought any portion of a private property for the purposes of road widening etc., then the same could be done only after giving compensation, even it is earmarked for the purpose of formation of road or widening of the road. Learned counsel would further submit that the said decision has been confirmed at the hands of the Division Bench in W.A.No.335/2022 and connected matters. Learned counsel would therefore submit that the writ petition may be allowed while quashing the portion of the demand notice of which the petitioner is aggrieved.