VALMARK DEVELOPERS PRIVATE LIMITED Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Petitioner-Company is before the Writ Court with the following three principal prayers:

(2.) Learned counsel for the Petitioner submitted that the refusal to grant Modified Development Plan is founded on an untenable reason namely the assumed applicability of Buffer Zone Norms as evolved by the National Green Tribunal and therefore, the prayers as sought for in the Petition need to be granted, with a reprimand to the faulty officials of the BDA and BBMP. He drew attention of the court to the Division Bench judgment dtd. 6/7/2022 rendered in Petitioners' W.A.No.1226/2021 (BDA) and clarification issued by Asst. Executive Engineer of BBMP. He also pointed out the affidavit filed by his client on 20/4/2023 to the effect that the subject land in all admeasuring 4 guntas i.e., 1 gunta in Sy.No.5 and 3 guntas in Sy.No.6 would be retained as the Nala Kharab without any interference or encroachment. So arguing, he sought for the grant of relief as prayed in the Petition.

(3.) After service of notice, the BDA is represented by its Sr. Panel Counsel; the BBMP is represented by its Panel Advocate and State is represented by the learned AGA. The BBMP Panel Counsel has filed a Memo dtd. 20/4/2023 along with his brief Note accompanied by as many as eight documents at Annexures-R1 to R8, opposing the Petition. The Panel Advocate appearing for the BBMP has filed the Statement of Objections on 31/5/2023 in principle contending that if the BDA issues the approved Development Plan and the Petitioner submits a detailed Building Plan prepared in accordance with the Zonal Regulations of RMP 2015 and byelaws, 'the BBMP shall approve the building plan in accordance with law'. All they made submission resisting the Writ Petition and justifying the stand of their clients in not issuing the Modified Development Plan. Learned Panel Counsel appearing for the BDA vehemently contended that as per the survey records, there is a Nala in Sy.Nos.5, 6 and 9 and therefore, Petitioner has to incorporate the Nalas as per the survey records and provide a 15.0 meter buffer on either side of the Nalas. If he does it, the approval of the Modified Development Plan would be considered on a war footing. He also told the court that it is desirable to have a clarification from the survey officials in this regard. So contending, learned advocates appearing for the Respondents had sought for dismissal of the Writ Petition.