FLORIANA ESTATE APARTMENT OWNERS WELFARE ASSOCIATION Vs. COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The petitioner-Floriana Estate Apartment Owners Welfare Association (for short 'Association') has filed this writ petition in this Court on 23.03.2018 with the following prayers:

(2.) The learned counsel for the petitioner-Mr.Vivek Reddy, Senior counsel, submitted before the Court that the Respondent-authorities of BBMP colluded with the private Respondent No.5 (M/s. Kolte Patil Developers Limited) and Respondent No.6 (M/s.Ankit Enterprises) and has sanctioned the building plan, which is under challenge in the present writ petition vide Annexure-R dated 21.09.2016 by violating the statutory provisions of Section 17 of the BDA Act, 1976. He submitted that the access road area in the front portion of the earlier site in question is said to have been used by the petitioner-Association has been closed, which would deprive the rights of the petitioner and its members in future if at all the already existing portion of building as the rear portion of land is to be reconstructed. He, therefore, submitted that the Building Sanctioned Plan granted in favour of the Respondent No.6 deserves to be quashed.

(3.) Learned counsel appearing for the Respondents have opposed this writ petition in unison vehemently and have brought to the notice of the Court that there are multiple litigation between the parties in this Court and the Civil suits also are pending in the Trial Court.