VIRGINIA DEVELOPERS PRIVATE LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned petition is filed seeking the following reliefs:

(2.) The petitionercompany asserts that it is engaged in the business of development works in India and is the owner of property bearing Katha No.948/639/10/11/12/1. The material facts are largely undisputed. The petitioner, being the owner of the said land, submitted an application seeking approval of a sanction plan for construction of a commercial complex. The Planning Authority, by order dtd. 20/4/2012, accorded approval to the plan subject to standard conditions, including reservation of certain areas for roads.

(3.) On 9/6/2016, the petitioner executed a registered relinquishment deed whereby the title in the portion of the land earmarked for road widening was conveyed to respondent No.2 Planning Authority, free of cost and without any claim for compensation. Consequent upon such relinquishment, the Planning Authority issued a sanction plan permitting the petitioner to proceed with construction of a commercial complex. The petitioner further asserts that it had sought modification of the plan, which came to be considered by the BBMP, and the Planning Authority, accordingly, issued a modified sanction plancumoccupancy certificate on 2/3/2015. The modified plancumoccupancy certificate is produced at AnnexureG.