CHIEF COMMISSIONER Vs. BHAVANI YELLAPPA PALYAGAR

JUDGEMENT

(1.) This writ appeal is against the order dtd. 19/4/2023 passed in W.P.No.24206/2022 by which this Court while allowing the writ petition filed by the respondents 1 and 2 quashing the endorsement dtd. 22/8/2022 issued by the appellant No.2 herein, further directed the appellant No.2 herein to process the application of the respondents 1 and 2 for issuance of occupancy certificate and to grant the same if the construction is put up in accordance with the sanctioned plan and after examining all applicable rules therein within a period of five weeks.

(2.) Respondent No.1 claiming to be the owner of converted property in Sy.No.153/3 measuring 1 acre and 24 guntas situated in Doddakannahalli Village, Varthur Hobli, Bangalore South Taluk having entered into Joint Development Agreement with respondent No.2 for the purpose of construction of apartment complex thereon had applied for sanction plan which was issued by appellant No.2 on 19/1/2018 on compliance with all the requirements. A building license was also issued. That the respondents 1 and 2 had obtained no objection certificates from all the concerned authorities and a commencement certificate was also issued on 28/2/2019 by appellant No.2, pursuant to which construction was commenced, continued and completed. The respondents 1 and 2 thereafter filed application on 26/5/2022 seeking issuance of an occupancy certificate. In response to which respondent No.2 declined to issue the occupancy certificate on the premise that there was a proposed road measuring 18 meters running through the property of respondents 1 and 2 in terms of RMP 2015 and that respondents 1 and 2 had encroached upon the said proposed road. Aggrieved by the same the present writ petition was filed by the respondents 1 and 2 contending that the Master Plan 2031 had been issued on 23/11/2017 in which there was no proposed road. That the sanction plan was issued on 19/1/2018 taking into consideration the provisional master plan 2031. That the respondents commenced and completed the construction as per the sanction plan on 26/5/2022. The withdrawal of the provisional RMP 2031 on 20/6/2022 cannot be a ground to deny the issuance of occupancy certificate.

(3.) Taking into consideration of the aforesaid factual aspect of the matter the aforesaid writ petition was allowed granting the relief as noted above. Aggrieved by the same, appellant-authorities are before this Court.