K S DATTATREYA Vs. C S SESHADRI

JUDGEMENT

(1.) In these writ petitions, the petitioners have challenged the legality of the licence granted by the Corporation of the City of Bangalore to respondents 4 to 6 on the ground that the licence so granted was in violation of the building bye-laws of the Corporation of the City of Bangalore.

(2.) The facts of the case, in brief, are as follow : The petitioners are either the owners of sites or of buildings or occupants of buildings situated in and around Primrose Road and Brunton Road Cross of Mahatma Gandhi Road, Bangalore. Their grievance is that licence for construction of group houses had been granted in favour of respondents 4 to 6 in flagrant violation of the building bye-laws framed by the Corporation of the City of Bangalore, which in turn have been framed in conformity with the Zoning Regulations promulgated under the provisions of the Karnataka Town and Country Planning Act, the obedience to which is mandatory. At the time of hearing of the petitions, in view of the objection that the petitioners could not have filed one memorandum of writ petition challenging the legality of the licence granted to respondents 4 to 6, which constitutes separate causes of action involving separate and distinct disputed questions of fact, the petitions were confined to the legality of the licence granted in favour of respondent No. 4.

(3.) The plea of the petitioners in relation to the licence granted in favour of respondent No. 4 are these : The total site area of the building in respect of which licence has been granted is 16570 sq. ft. or 1660 sq.mts. The licence granted is for the construction of ground floor, first floor and second floor. In each of the floors, the licence granted is for construction of four dwelling houses. In all the building consists of 12 dwelling houses. Therefore, the building comes under the definition of 'group housing' as defined in the bye-laws of the Corporation. The licence granted is in clear violation of bye- law No.12 read with Table 4G of the Building Bye-laws and also in violation of Table 4A under bye-law 9.1.3. of the bye-laws which prescribes the maximum plot coverage, floor area ratio and maximum number of floors having due regard to the width of the road facing the concerned site.