M. GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court seeking for the following reliefs:

(2.) Petitioners are owners of land carved out of Sy.No.184/1 measuring 5 acres 15 guntas at Nelamangala taluk, Bangalore Rural District. The petitioner obtained conversion of the land from agricultural to non-agricultural purposes and applied to respondent No.2 for sanction of layout plan in terms of the provisions of the Karnataka Town and Country Planning Act, 1961 ['KTCP Act' for short].

(3.) The respondent sanctioned the said plan on 26/5/2006, in pursuance thereof the petitioners formed 90 sites of different dimensions, the highest being 30 x 50 ft. and other sites being lesser than that. 60% of the sites were released numbering nearly 54 sites and the balance 40% were remaining to be released. Subsequently, when an application was filed by the petitioner for release of balance 40%, respondent No.2 vide letter dtd. 6/3/2009 informed the petitioners that the said release cannot be made on account of the Master Plan proposing 45 mtr road in the layout which would cover many of the sites which were not released.