L LAKSHMI Vs. ADDL CHIEF SECRETARY

JUDGEMENT

(1.) The petitioners who purchased a portion of the property measuring 55 x 80 feet in Sy. No.286/1 of Devanahalli Village, Kasaba Hobli, Devanahalli Taluk under a registered Sale Deed dtd. 9/8/1999 from the 6th respondent is before this Court aggrieved of the impugned endorsement dtd. 5/3/2022 at Annexure-A issued by the 3rd respondent - Bangalore International Airports Area Planning Authority declining to release sites bearing No.61 and 62 in favour of the petitioners.

(2.) It appears that the 6th respondent after carving out sites in the larger extent of land totally measuring 3 acres 38 guntas, later on approached the 3rd respondent - planning authority to sanction a plan for formation of a layout. It appears that a plan was sanctioned in favour of the 6th respondent. Thereafter on an application said to have been filed by the 6th respondent, the planning authority has released 60% of the developed sites numbering 42 and withheld permission to release the balance 40% of the developed sites, since the law requires that unless the layout is completely developed in terms of the sanctioned plan and the conditions imposed therein, are fulfilled, the planning authority is not supposed to release all the sites. Nevertheless, when the petitioner approached the 3rd respondent - planning authority seeking release of sites No.61 and 62, the impugned endorsement has been issued by the 3rd respondent - planning authority.

(3.) Learned counsel for the respondent No.3 submits on instructions that the 6th respondent has not completed the development of the layout in terms of the sanctioned plan and he has not fulfilled the conditions imposed by the planning authority. Therefore it is not possible to release the balance 40% of the sites unless the layout is complete in its developments.