C. NAGARAJA Vs. JOINT DIRECTOR TOWN PLANNING

JUDGEMENT

(1.) The prayer in the writ petition is to issue directions to the respondents No.1 to 4 to consider the representations dtd. 22/8/2022 and 4/11/2022 given by the petitioner and to take appropriate legal action against the respondents No.5 to 13 regarding closing down of the existing Rajakaluve in Old Sy.No.62/1,Benniganahalli Village, K.R.Puram Hobli, Bangalore East Taluk.

(2.) It is the contention of the petitioner that respondents No.5 to 13 herein have close down an existing Rajakaluve and as a consequence of which the storm water that was earlier flowing in the Nala has been now diverted into his property. It is contended that the contesting respondents had approached the Deputy Commissioner seeking conversion of land measuring 21 guntas in Sy.No.62/6 which was carved out of Old Sy.No.62/4. However before an order of conversion was issued by the Deputy Commissioner, the Deputy Commissioner had written to the planning authority i.e., Bangalore Development Authority seeking its opinion regarding the buffer that should be left on the existing Nala, which run within the property where conversion was sought for.

(3.) Learned counsel has drawn the attention of this Court to Annexure-R3 filed along with the statement of objections on behalf of respondents No.5, 6, 7 & 10 to 13. The said document is a communication dtd. 30/4/2022 made by the Assistant Director of Town Planning, Bangalore Development Authority to the Deputy Commissioner clarifying the position that in terms of the Revised Master Plan - 2015 and the Zonal Regulations, the buffer area has to be left depending on the type of the drain that is in existence in the land in question. It is the contention of the petitioner that it has been opined that the drain running in the property belonging to the contesting respondent is a tertiary drain and buffer zone of 15 meters on either side of the drain has to be left. Following the said communication, the Deputy Commissioner passed an order of conversion on 12/5/2023, as could be seen at Annexure-R3 filed along with the statement of objections filed on behalf of the respondent No.14.