PEE KAY CONSTRUCTIONS Vs. K CHANDRASHEKAR HEGDE

JUDGEMENT

(1.) The writ appeal is by respondents 4 and 5 in the writ petition. In the writ petition filed by the first respondent herein, the learned single Judge of this Court held that :

(2.) The order of the learned single Judge is a common order made in the writ petition filed by the first respondent as also W.P. No. 7599/1987 filed by a few site owners, who are residents of HAL II Stage. Unless expressly stated hereinafter, all references to the parties, the writ petition, the pleadings and the documents will be to the one in W.P. No. 8892 of 1987, which was filed by the present first respondent as the writ petitioner.

(3.) The first respondent is the owner of Site No. 471, I Stage, Indiranagar, Bangalore. His neighbouring sites are Site Nos. 469 and 470. Indiranagar, I Stage, it is alleged in the writ petition, is a residential area and most of the sites in the I stage were formed by the CITB. Site No. 470 was allotted by the CITB to one Smt. Vijayalakshmi on 4-11-1965. On 25-6-1982, the BDA (which is the successor of the CITB) executed the sale deed in respect of the site in favour of Smt. Vijayalakshmi. Thereafter, by a registered sale deed dated 17-2-1986, Smt. Vijayalaskhmi sold the site to the 2nd appellant. Site No. 469 is a corner site. It was auctioned by the CITB on 25-5-1967 and was bought by Smt. Vijayalakshmi in the auction; on 14-10-1982, the BDA executed the deed of conveyance in her favour and thereafter on 17-2-1986, she sold it to the wife of the 2nd appellant under a registered sale deed. On 29-9-1986, the 2nd appellant and his wife formed the 1st appellant firm. This firm obtained the sanction of the Corporation of the City of Bangalore (for short 'the Corporation') to the plan, to put up a single building consisting of several tenements. There is no dispute that the building in question has a basement and ground floor and three upper floors. In each of the floors (on the ground floor and the upper three floors) three dwelling units are to be put up and thus the building will comprised of 12 dwelling units or apartments.