WHITEFIELD SHELTERS PVT LTD Vs. N.NAGARAJA

JUDGEMENT

(1.) The petitioner-Company is the plaintiff in O.S.No.2121/2007 on the file of II Additional Civil Judge (Sr.Dn.), Bangalore Rural District, Bangalore. Being aggrieved by the order dated 13th June 2014, allowing I.A.Nos.2 and 5 and preliminary issue No.6 with regard to the court fees, the petitioner has filed these writ petitions.

(2.) The petitioner is a Company incorporated under the Companies Act, established to carry on the business of land development and construction activities. The respondents 1 to 3 are the owners of various items of land situated at Kannamangala Village, Bidarahalli Hobli, Bangalore East Taluk. They approached the petitioner-company for joint development of their properties contending that total extent of land available is 31 acres 11 guntas (hereinafter referred to as the 'suit schedule property') and agreed to do the joint venture of development and construction of Apartments. As per the Memorandum of Understanding dated 27-09-2004 ('MOU' for short), the respondents had agreed to handover the suit schedule property for construction of Apartments and out of built up area, 22% of the area and appurtenant land has to be given to the respondents and 78% of built up area and appurtenant land has to be retained by the petitioner. As per the terms of the MOU, the petitioner has paid a sum of Rs.2,00,00,000/-(Rupees two crores only) towards the security deposit. Further, the respondents have to co-operate for completion of the project. As per the MOU, it is the responsibility of the petitioner to get converted the entire extent of land for residential purpose. However, the competent authority converted only 191/2 acres of land and refused to convert 121/2 acres of land on the ground that the said property falls under the Park Zone under the Comprehensive Development Plan (hereinafter referred to as 'the CDP' for short). Hence, 121/2 acres of land cannot be converted for non-agricultural purpose and the said fact was brought to the notice of respondents. However, the respondents assured that the Government is preparing a new CDP for the year 2005, by that time, they will get the land deleted from the Park Zone in the CDP. The first respondent was MLA at that time. Believing the words of the respondents, the petitioner has spent lot of money for development of land and put up the compound wall. He has entered into an agreement with the L & T for construction of the Apartments.

(3.) The specific case of the petitioner is that he had spent a sum of Rs.36,00,000/- for obtaining conversion order, Rs.60,00,000/- for obtaining draft plan and also spent Rs.30,00,000/- towards inaugural function apart from Rs.2.00 crores paid towards security deposit. For the inaugural function, the petitioner had invited the Hon'ble Minister for State, Ministry of Defense and National Development, Government of Singapore was invited as Chief Guests. The petitioner had spent more than Rs.5,00,00,000/- for development of the land and also for putting up the compound wall. However, the Department of Petroleum, Government of India had objected for putting up the compound wall and also formation of the road, since the pipeline comes under the property and the said property had already been acquired by the Department of Petroleum for laying the pipes. The respondents without informing all these facts had entered into a MOU for development of the suit schedule property. In spite of repeated requests, they have not co-operated for the development of suit schedule property as per the MOU.