V RAMACHANDRAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner - Sri. V.Ramachandran, S/o. Sri. Venkatachala Goundar, representing M/s.B.V.S. Properties, Bengaluru, have filed these writ petitions against the levy of 'Lake Rejuvenation Cess' by the third respondent-Magadi Planning Authority by the impugned demand notice dated 10.05.2012, Annexure- "H".

(2.) As per the amended provisions of Section 18(1A) inserted by Karnataka Town and Country Planning(Amendment) Act, 2011, which received assent of the Governor on 001.2012, the provisions are made applicable with retrospective effect from 03.10.2009. The copy of the said Gazette Notification is produced on record as Annexure-"F".

(3.) Upon issuance of notice, the third respondent-Magadi Town Planning Authority has filed the statement of objections in the Court today and the learned counsel for the respondents has pointed out that the petitioner had applied for approval of Residential Layout in Survey No.39/1A2 totally measuring 5 acres situated at Ajjanahalli Village, Tavarakere Hobli, Bengaluru South Taluk, on 20.12.2007, which was approved on 12.02008. The petitioner executed the relinquishment deed on 004.2008 and handed over the areas earmarked for parks, civic amenity and roads to the Planning Authority.