NAVEEN BANGALORE INDUSEKHARAN Vs. CHIEF COMMISSIONER

JUDGEMENT

(1.) The petitioners are seeking a declaration that the plan submitted by them online on 24/3/2021 is deemed to be approved in terms of sub Sec. 6 of Sec. 240 of the Bruhat Bengaluru Mahanagara Palike Act, 2020, and that the respondents should be directed not to take cohesive steps.

(2.) Learned counsel seeks to contend that although the application was filed online on 24/3/2021, there was no consideration of the application within the prescribed period and in such event of the competent authority not communicating the decision on such an application within the described period, the application shall be deemed to be approved. However, during the course of these proceedings, information has been made available at the hands of the respondent, BBMP, that the application filed online by the petitioners was rejected on 17/4/2021 for the reasons that the 'drawing failed in the format/drawing not in format'.

(3.) That being the position, it is sought to be contended at the hands of the respondent-BBMP that there cannot be a deemed sanction of the plan submitted by the petitioners. Moreover, notices were issued under the provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020, more particularly, under Sec. 248 of the Act, provisional orders have been passed, show cause notices have been issued, and thereafter confirmation orders is also passed. A copy of all such orders is today served on the learned counsel for the petitioners.