K. BALAGANGDHARA SWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner, who was allotted a residential site bearing No.355, in Anjanapura layout 5th Block, in the year 2001, is before this Court aggrieved of the inaction on the respondent-Bangalore Development Authority (BDA) in responding to the petitioner's representation dtd. 16/11/2018 at Annexure-E.

(2.) In the representation dtd. 16/11/2018, the petitioner brought to the notice of the respondent-BDA that since the property in question is abutting a nala, it is treated as buffer zone and no construction activity can be carried out by the petitioner. Therefore, the petitioner had sought for allotment of an alternative site.

(3.) Learned Counsel for the respondent-BDA today filed a memo along with a copy of the resolution dtd. 27/2/2023 passed by the Board of the BDA. Learned Counsel submits that it has been resolved by the BDA that all such layouts that were formed prior to the notification of the Revised Master Plan-2015 (RMP-2015) and Zonal Regulations, shall not be considered for the implementation of the provisions contained in the RMP- 2015 and Zonal Regulations regarding the buffer zone adjacent to the storm water drains/nalas. Learned Counsel submits that it has been clearly stated in the resolution that all the layouts that were formed prior to the notification of RMP-2015 shall be out of the purview of the implementation of the provisions contained in RMP-2015 and Zonal Regulations regarding the buffer zone adjacent to the storm water drains/nalas. Learned Counsel would therefore submit that since Anjanapura layout was formed much prior to the notification of RMP-2015 and Zonal Regulations, the petitioner need not be apprehensive of his not being able to put up construction in the property in question.