SHANTIVANA RESIDENT ASSOCIATION (R) REP BY ITS SECRETARY; BANGALORE DEVELOPMENT AUTHORITY NOW REP BY ITS SECRETARY AND TOWN PLANNING MEMBER, BANGALORE DEVELOPMENT AUTHORITY; N RAMARAJU S/O LATE CHIKKANANJAPPA Vs. COMMISSIONER; TOWN PLANNING MEMBER

JUDGEMENT

(1.) In all these appeals, the legality and correctness of the order dated 24.7.2008 passed by the learned Single Judge of this Court in W.P. No. 10054/2008, allowing the said petition filed by National Technological Institutions Housing Co-operative Society Limited (hereinafter referred to as 'the Society' for short) and directing Bangalore Development Authority (for short 'BDA') to issue modified lay out plan, work order and to release 60% of total sites within 15 days from the date of the receipt of the order and also directing the BDA to remove the encroachment in respect of the civic amenities sites shown in the lay out plan.

(2.) The appellants in W.A. No. 1332/2008; W.A. No. 1435/2008, W.A. No. 1812/2009 and W.A. No. 2349 to 2471/2009 to were not parties to the said Writ Petition. BDA which was arraigned as respondent No. 1 in the Writ Petition is the appellant in the Writ Appeal No. 1485/2008. The appellants in W.A. Nos. 1332/2008, 1435/2008, 1812/2009 and W.A. No. 2349 to 2471/2009, have filed the appeals along with applications seeking permission to file the appeals.

(3.) The Society filed W.P. No. 10054/2008 against the Commissioner of BDA and Town Planning Member, BDA for issuance of a direction/writ of mandamus to them to issue work order in favour of the Society and to release the sanctioned modified layout plan relating to 161.08 acres comprised in the schedule lands as submitted by the Society and as approved and sanctioned by BDA in its resolution No. 136/2008 dated 23.4.2008 - Annexure-H and also to issue release order relating to 60% of sites as per the approved sanction plan within a reasonable time. It was the case of the Society in the said Writ Petition that for the purpose of formation of layout and allotment of sites to the members of the Society, on the request of the Society the Government acquired 320 acres of land comprised in Kodihalli, Kotihosahalli, Kodigehalli and Byatarayanapura of Yelahanka Hobli, Bangalore North Taluk. On 19.10.1992. The original layout plan was approved by BDA. Thereafter during 1995, by resolution No. 83/95 modified layout plan was submitted to BDA confining only to the extent of 173.29 acres as there was some encroachment on the rest of the area. However, the BDA demanded huge amount towards release of work order as per the modified plan. The said demand was questioned by the Society by filing W.P. No. 15664/97 and obtained an interim order. Subsequently, during 1998 by resolution No. 128/98 BDA approved the modified plan and the erstwhile Commissioner of the BDA by his letter dated 28.12.1999 informed the Society that BDA would remove the encroachment in the CA sites and parks. It was further alleged by the Society that on account of the delay in formation of the lay out, as per the approved plan, another 8 acres came to be encroached by unauthorised persons and therefore ultimately confining to only 161.08 acres, the Society submitted a fresh modified plan as per the instructions of the BDA and the Society also met the further demands made by the BDA. Though the Society requested the BDA to release 60% of the sites and also executed relinquishment deeds regarding CA sites and park area as sought by the BDA, the BDA has not issued the work order and without the work order, the Society is unable to proceed with the formation of the lay out.