CANARAY PROJECTS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions, petitioners are challenging the communication/letter dated 06.07.2016 issued by respondent No.4 - Town Planning Member, Bengaluru Development Authority, Bengaluru and condition No.3 in the Official Memorandum dated 11.12.2009 issued by respondent No.2 - Deputy Commissioner, Bengaluru Urban District, Bengaluru. Petitioners are seeking a direction to respondents 3 and 4 to accord sanction to the plan for putting up construction of an apartment in the schedule property.

(2.) Facts leading to these writ petition, stated in nutshell are that originally 30 guntas of land in Sy.No.90 of Dommasandra Village, Bidarahalli Hobli, Bengaluru East Taluk was owned by Sri Vijaya Kumar Chowrasia and Sri Vijaya Prakash Chowrasia - respondents 5 and 6 herein respectively. They got the land converted from agricultural purpose to non-agricultural/residential purpose vide order dated 11.12.2009 passed by respondent No.2 as per Annexure-B. Subsequently, original owners sold 17037 sq. ft. of undeveloped converted land in favour of Sri Y.V.Prasad and Smt.H.V.Kalpana vide Sale Deed dated 02.09.2010. From them, petitioners have purchased the same vide Sale Deed dated 12.03.2014 - Annexure-E.

(3.) It may be necessary to notice that out of the remaining portion, respondents 5 and 6/owners sold 9000 sq. ft. in favour of Sri Winfred J.L.Solomon and Smt.Sharmila Solomon vide Sale Deed dated 02.09.2010 and balance extent of 6458 was occupied by Bruhath Bangalore Mahanagar Palike for the purpose of widening the road.