1

IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 3RD DAY OF FEBRUARY 2015

PRESENT

THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE ASHOK B. HINCHIGERI

WRIT PETITION NO.14437/2007(LB-RES-PIL) C/W WRIT PETITION NOS.16439/2007(GM-RES-PIL), 18544/2007(LB-BMP) , 19449/2007(LB-BMP), 18660/2007(LB-RES-PIL), 18543/2007(LB-BMP), 19464/2007(LB-RES-PIL), 6651/2007(LB-RES-PIL) , 7275/2008 (LB-BMP-PIL), 18211/2007(LB-BMP-PIL), 19225/2007(LB-BMP-PIL), 19384/2007(LB-BMP-PIL), 19385/2007(LB-BMP-PIL), 2486/2008(LB-BMP), 3622/2008(LB-BMP), 13336/2005(LB-RES-PIL), 19483/2007(LB-BMP-PIL), 18952/2007(LB-BMP-PIL), 19431/2007(LB-BMP), 19432/2007(LB-BMP), 19433/2007(LB-BMP), 19434/2007(LB-BMP), 19699/2007(LB-BMP) & 10323/2007(BDA)

IN W.P.NO.14437/07 BETWEEN

CITIZENS FORUM FOR MANGALORE DEVELOPMENT ST. JOSEPH'S HIGHLAND COMPOUND LOWER BENDOOR, MANGALORE-575002 REP BY ITS JOINT CO-ORDINATOR MS. VIDYA DINKER ... PETITIONER

(BY SMT JAYNA KOTHARI, ADV.,)

AND

1. THE STATE OF KARNATAKA , -01 REP BY ITS CHIEF SECRETARY

2. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT 2

VIKAS SOUDHA, BANGALORE REP BY ITS PRINCIPAL SECRETARY

3. THE DIRECTORATE OF TOWN PLANNING M.S.BUILDING, BANGALORE-1 REP BY ITS DIRECTOR

4. MANGALORE CITY CORPORATION LALBAGH, MANGALORE-3 REP BY ITS COMMISSIONER

5. DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER MANGALORE-1, DAKSHINA DISTRICT

6. MANGALORE URBAN DEVELOPMENT AUTHORITY, URWA STORES MANGALORE-6, REP BY ITS COMMISSIONER

7. THE LOKAYUKTA OFFICE OF THE LOKAYUKTA M S BUILDING DR. B R AMBEDKAR ROAD BANGALORE-1 REP BY THE REGISTRAR ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 3 & 5; SRI K V NARASIMHAN, ADV., FOR R-4; SRI HAREESH BHANDARY, ADV., FOR R-6; SRI B A BELLIAPPA, ADV., FOR R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF PRAYING TO DECLARE SECTION 76FF OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 AS ULTRAVIRES ARTICLES 14 AND 21 OF THE CONSTITUTION ETC.,

IN W.P.NO.16439/07 BETWEEN

M/S. ABHYUDAYA (A FEDERATION OF RESIDENT WELFARE ASSOCIATIONS REGISTERED UNDER THE 3

KARNATAKA SOCIETIES REGISTRATION ACT) HAVING ITS OFFICE AT NO.31/7 I FLOOR, M.K.PUTTALINGAIAH ROAD BANGALORE-560020 REP BY ITS FOUNDER SECRETARY SRI N.S.MUKUNDA ... PETITIONER

(BY SRI ADHITHYA SONDHI, SR. ADV., FOR SMT. B V NIDHISHREE, ADV.,)

AND

1. STATE OF KARNATAKA BANGALORE-560001 REP BY CHIEF SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY NO.20, KUMARA PARK WEST BANGALORE-560020 REP BY ITS COMMISSIONER

3. BRUHUT BANGALORE MAHANAGARA PALIKE BANGALORE-560001 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY , BANGALORE REP BY ITS COMMISSIONER

5. BANGALORE WATER SUPPLY AND SEWERAGE BOARD BANGALORE-560009 REP BY ITS CHAIRMAN

6. THE COMMISSIONER INFANTRY ROAD BANGALORE-560001

4

7. POLLUTION CONTROL BOARD CHURCH STREET, BANGALORE-560001 REP BY ITS CHAIRMAN ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI M I ARUN, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; SRI S G PANDIT, ADV., FOR R-4; SRI M T MOHAN, ADV., FOR R-5; R-6 SERVED; SRI S G KULKARNI, ADV., FOR R-7)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004 (KARNATAKA ACT NO.1/2007) AS PER ANNEXURE-A, ADDING NEWLY INTRODUCED SECTION 76FF AND SIMILAR AMENDMENTS TO THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 ETC.,

IN W.P.NO.18544/07 BETWEEN

PRAKRUTI LAYOUT PLOT OWNER’S ASSOCIATION (AN ASSOCIATION REGD., UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT) HAVING ITS OFFICE AT NO.66 PRAKRUTI LAYOUT, AGARA MAIN ROAD, NEAR BALAJI CEMENTS KALYAN NAGAR P O, BANGALORE-560043 REP BY ITS GENERAL SECRETARY MR. VARKEY THOMAS ... PETITIONER

(BY SRI M A SEBASTIAN, ADV.,)

AND

1. STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 REP BY ITS CHIEF SECRETARY 5

2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-560002 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE ANNEXURE-I AND ANNEXURE-IV I.E. REGULARIZATION OF VIOLATIONS RELATING TO FORMATION OF SITES (BOTH FOR CONVERTED AND NON-CONVERTED LANDS) AND REGULARISATION OF BUILDINGS CONSTRUCTED IN NON- CONVERTED AGRICULTURAL LANDS OF THE KARNATAKA MUNICIPAL CORPORATIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007, NOTIFICATION-II DATED 14.08.2007 PRODUCED AS PER ANNEXURE-A ISSUED BY RESPONDENT NO.1 AS THE SAME IS ULTRA VIRES OF THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, SO FAR AS PETITIONER IS CONCERNED.

IN W.P.NO.19449/07 BETWEEN

1. M/S. BANGALORE FRIENDS ASSOCIATION A REGISTERED TRUST HAVING OFFICE AT NO.306,17TH ‘C’ MAIN, 3RD BLOCK , BANGALORE-560010 REP BY ITS SECRETARY S. RAGHUNATH

2. NARAYANA RAJU S/O KRISHNA RAJU AGED 40 YEARS, R/AT NO.123 N R GARDENS, J P NAGAR III PHASE BANGALORE-560078 ... PETITIONERS

(BY SRI PRADEEP S. SAWAKAR, ADV., FOR M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,)

6

AND

1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001 REP BY PRINCIPAL SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560001 REP BY THE COMMISSIONER

3. BRUHAT BANGALORE MAHANAGARA PALIKE J P ROAD, BANGALORE-560002 REP BY COMMISSIONER

4. THE MEMBER SECRETARY BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY M S BUILDING, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; BASAVARAJ V. SABARAD, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; R-4 SERVED)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE SECTION 76FF OF THE KARNATAKA TOWN AND COUNTRY PANNING ACT, 1961 AS ULTRA VIRES ARTICLES 14 AND 21 OF THE CONSTITUTION ETC.,

IN W.P.NO.18660/07 BETWEEN

1. THE FEDERATION OF J P NAGAR 7TH AND 8TH PHASE RESIDENTS' WELFARE ASSOCIATIONS (R), NO.67, 3RD CROSS GOURAVNAGAR, 7TH PHASE, J P NAGAR BANGALORE-560078, REP BY G JAGADISH THE GENERAL SECRETARY THEREOF AGED 41 YEARS

7

2. N R RAMESH, AGED 48 YEARS 50/A, GAYATHRI TAPOVANA KOTHUR DINNE, J P NAGAR 8TH PHASE BANGALORE-560076

3. K R NAGARAJ, AGED 70 YEARS NO.90, AMOGO, 4TH CROSS GOWRAVNAGAR, J P NAGAR 7TH PHASE BANGALORE-560078

4. R. ASWATHANARAYANA, AGED 45 YEARS NO.34, I MAIN, SUREYAS COLONY J P NAGAR 7TH PHASE BANGALORE-560078 ... PETITIONERS

(BY SRI NAVEEN CHANDRASHEKAR, ADV.,)

AND

1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA BANGALORE-560001

2. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M S BUILDINGS DR. AMBEDKAR VEEDHI BANGALORE-560001, REP BY THE PRINCIPAL SECRETARY THEREOF

3. THE DIRECTOR OF TOWN PLANNING TOWN PLANNING AUTHORITY BANGALORE

4. BRUHAT BANGALORE MAHANAGARA PALIKE CORPORATION BUILDINGS BANGALORE-560002, REP BY ITS COMMISSIONER THEREOF ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 3; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-4) 8

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT SECTIONS 2(16), 3(4) AND 4(4) OF THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT), ACT 2004 ARE UNCONSTITUTIONAL AND VOID AS THEY SUFFER FROM THE VICE OF DELEGATION OF ESSENTIAL LEGISLATIVE FUNCTIONS TO THE EXECUTIVE VIDE ANNEXURE-B ETC.,

IN W.P.NO.18543/07 BETWEEN

JAGADISHNAGAR RESIDENTS WELFARE ASSOCIATION (AN ASSOCIATION REGD., UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT), HAVING ITS OFFICE AT NO.239, 8TH CROSS, 3RD MAIN JAGADISH NAGAR, NEW THIPPASANDRA POST BANGALORE-560075 REP BY ITS PRESIDENT MR L.N.HEGDE ... PETITIONER

(BY SRI M A SEBASTIAN, ADV.,)

AND

1. STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE-560001 REP BY ITS CHIEF SECRETARY

2. BRUHATH BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560002 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE ANNEXURE-I AND ANNEXURE-IV I.E., REGULARIZATION OF VIOLATIONS RELATING TO FORMATION OF SITES (BOTH FOR 9

CONVERTED AND NON-CONVERTED LANDS) AND REGULARISATION OF BUILDINGS CONSTRUCTED IN NON- CONVERTED AGRICULTURAL LANDS OF THE KARNATAKA MUNICIPAL CORPORATIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES 2007, NOTIFICATION-II DATED 14.08.2007 PRODUCED AS PER ANNEXURE-A AS THE SAME IS ULTRA VIRES OF THE MUNICIPAL CORPORATIONS ACT, 1976.

IN W.P.NO.19464/07 BETWEEN

1. SMT K C BHAGYA LAKSHMI AGED ABOUT 55 YEARS W/O V.K.GOPALAIAH BALAGERE ROAD, BANGALORE-560087

2. SRI K GOPAL REDDY AGED ABOUT 50 YEARS OPP. TO GOVERNMENT HIGH SCHOOL VARTHUR, BANGALORE-560087

3. SRI B PRAKASH S/O BALAPPA AGED ABOUT 35 YEARS C/O H.NARAYANAPPA HALU BAVI ROAD, VARTHUR BANGALORE-560087 ... PETITIONERS

(BY SRI MOHAMED ATHER, ADV.,)

AND

1. STATE OF KARNATAKA BANGALORE-560001 REP BY CHIEF SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY NO.20, KUMARA PARK WEST BANGALORE-560020 REP BY ITS COMMISSIONER 10

3. BRUHUT BANGALORE MAHANAGARA PALIKE, BANGALORE-560001 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY CUNNINGHAM ROAD, BANGALORE REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; SRI S G PANDIT, ADV., FOR R-4)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT RULE 6 OF THE KARNATAKA TOWN AND COUNTRY PLANNING (REGULATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007 VIDE ANNEXURE-B AS UNCONSTITUTIONAL AS VIOLATIVE OF ARTICLES 14 & 21 OF THE CONSTITUTION INDIA ETC.,

IN W.P.NO.6651/07 BETWEEN

SRI S K UDAYABHANU S/O SRI S A KRISHNAPPA AGED ABOUT 54 YEARS ADVOCATE, FLAT NO.T-1 SURABHI APARTMENTS J.P.NAGAR II PHASE BANGALORE-560078 ... PETITIONER

(BY SRI S K UDAYABHANU, PARTY-IN-PERSON)

AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY 11

VIDHANA SOUDHA BANGALORE-560001

2. THE SECRETARY TO GOVERNMENT HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALORE-560001

3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION SIR M.VISVESWARAYA TOWERS DR.AMBEDKAR VEEDHI BANGALORE-560001

4. THE PLANNING AUTHORITY TOWN AND COUNTRY PLANNING K.R.CIRCLE, BANGALORE-560001

5. THE DIRECTOR TOWN AND COUNTRY PLANNING STATE OF KARNATAKA NRUPATHUNGA ROAD BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP)

THIS WRIT PETITION IS FILED PRAYING TO HOLD THAT KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004 I.E., KARNATAKA ACT 1 OF 2007 ANNEXURE-A AS VOID AND UNCONSTITUTIONAL AND STRIKE DOWN THE SAME BY ISSUING A WRIT CERTIORARI.

IN W.P.NO.7275/08 BETWEEN

1. M/S. FERNS CITY PLOT OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING REGISTERED OFFICE AT NO.80, FERNS CITY DODDANAKKUNDI, P O 12

BANGALORE-560037 REPRESENTED BY ITS PRESIDENT SHRI G.HARIHARA NANDANAN

2. M/S. FERNS HABITAT PLOTS OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING REGISTERED OFFICE AT NO.46, FERNS HABITAT, DODDANAKKUNDI MARATHAHALLI P O, BANGALORE-560037 REP BY ITS PRESIDENT MR.VSN PILLAI

3. M/S. FERNS PARADISE PLOTS OWNERS ASSOCIATION, AN ASSOCIATION REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING REGISTERED OFFICE AT NO.621, FERNS PARADISE DODDANAKKUNDI, MARATHAHALLI PO BANGALORE-560037 REP BY ITS PRESIDENT MR.ABRAR ... PETITIONERS

(BY SRI M A SEBASTIAN, ADV.,)

AND

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001 REP BY ITS SECRETARY

2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE BANGALORE-560002 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2)

13

THIS WRIT PETITION IS FILED PRAYING TO DECLARE ANNEXURES-I AND IV AT PAGE NO.1841 REGULARIZATION OF VIOLATIONS RELATING TO FORMATION OF SITES (BOTH FOR CONVERTED AND NON-CONVERTED LANDS) AND REGULARISATION OF BUILDINGS CONSTRUCTED IN NON-CONVERTED AGRICULTURAL LANDS, OF THE KARNATAKA MUNICIPAL CORPORTIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007, NOTIFICATION-II DATED 14.08.2007 PRODUCED AS PER ANNEXURE-A ISSUED BY RESPONDENT NO.1 ETC.,

IN W.P.NO.18211/07 BETWEEN

1. M. SUBBARAJU S/O SRI M THIMMARAJU AGED ABOUT 71 YEARS

2. M S RAGHU S/O SRI M SUBBARAJU AGED ABOUT 39 YEARS

3. SMT LAKSHMAMMA W/O SRI M SUBBARAJU AGED ABOUT 54 YEARS

4. M S SANJAY S/O SRI M SUBBARAJU AGED ABOUT 34 YEARS REP BY HIS GENERAL POWER OF ATTORNEY HOLDER SRI M SUBBARAJU

ALL R/AT NO.61 & 62, 1ST FLOOR 4TH CROSS, AG'S LAYOUT NEW BEL ROAD, BANGALORE-560054 ... PETITIONERS

(BY SRI C G GOPALASWAMY, ADV.,)

AND

1. BRUHAT BANGALORE MAHANAGARA PALIKE REP BY ITS COMMISSIONER N R SQUARE, BANGALORE-560002 14

2. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE SANJAY NAGAR SUB-DIVISION NETHAJI CIRCLE, MATTHIKERE BANGALORE-560054 ... RESPONDENTS

(BY SRI I G GACHCHINAMATH, ADV., FOR R-1 & 2)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE NOTIFICATION DATED OCTOBER 26, 2007 IN RESPECT OF SCHEDULE ‘A’ PROPERTY ISSUED BY RESPONDENT NO.2 UNDER ANNEXURE-J ETC.,

IN W.P.NO.19225/07 BETWEEN

Ch. LOKANADHA RAO S/O LATE VENKATESHWARA RAO AGED ABOUT 61 YEARS, R/AT # HL 44/2 NEAR PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043 ... PETITIONER

(BY SRI M S BHAGWAT, ADV.,)

AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001

2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, REP BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

3. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE 15

4. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING DR.AMBEDKAR VEEDHI BANGALORE

5. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER # 20, KUMARAPARK WEST, SANKEY ROAD BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R.SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE RANGE, HORAMAVU BANGALORE

8. THE SCREENING COMMITTEE FOR REGULARISATION, REP BY ITS CHAIRMAN BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4; SRI C R GOPALASWAMY, ADV., FOR R-5; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8 )

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 321-A OF KARNATAKA MUNICIPAL CORPORATION ACT, 1976 (INSERTED VIDE AMENDMENT UNDER KARNATAKA ACT NO.1 OF 2007) AND CONSEQUENTLY, THE KARNATAKA MUNICIPAL CORPORATIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007 VIDE ANNEXURE-B IS UNCONSTITUTIONAL, VOID AND UNENFORCEABLE INSOFAR AS THE PETITIONER IS CONCERNED ETC.,

16

IN W.P.NO.19384/07 BETWEEN

1. SRI L S NARAYANAN S/O LATE L.N. SESHADRI AGED ABOUT 56 YEARS # 933, 5TH ‘A’ CROSS HRBR I BLOCK, KALYANANAGAR BANGALORE-560043

2. SRI SURESH SITARAMAN S/O LATE MAJOR SITARAMAN AGED ABOUT 48 YEARS FLAT NO.201, LA MAISON DE REPOSE # 269, 100 FEET ROAD, BANGALORE-560038

3. SMT. PARVATHI SURESH W/O SURESH SITARAMAN AGED ABOUT 51 YEARS FLAT NO.201, LA MAISON DE REPOSE # 269, 100 FEET ROAD, INDIRANAGAR BANGALORE-560038 ... PETITIONERS

(BY SRI M S BHAGWAT, ADV.,)

AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560001

2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION REPRESENTED BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

3. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, REP BY ITS SECRETARY 17

M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

4. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE

5. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER #20, KUMARA PARK WEST, SANKEY ROAD BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA RANGE BANGALORE REP BY ITS REVENUE OFFICER

8. THE SCREENING COMMITTEE FOR REGULARISATION, REP BY ITS CHAIRMAN BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4; SRI C R GOPALASWAMY, ADV., FOR R-5; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8 )

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 321-A OF KARNATAKA MUNICIPAL CORPORATION ACT, 1976 (INSERTED VIDE AMENDMENT UNDER KARNATAKA MUNICIPAL CORPORATIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007 ANNEXURE-B IS UNCONSTITUTIONAL, VOID AND UNENFORCEABLE INSOFAR AS THE PETITIONERS ARE CONCERNED ETC., 18

IN W.P.NO.19385/07 BETWEEN

1. SRI C H LOKANADHA RAO S/O LATE VENKATESHWARA RAO AGED ABOUT 61 YEARS, R/AT HL 44/2 NEAR HORAMAVU PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043

2. SMT C H PAULINE W/O C H LOKANADHA RAO AGED ABOUT 58 YEARS, R/AT HL 44/2 NEAR HORAMAVU PANCHAYATH OFFICE HORAMAVU, BANGALORE-560043 ... PETITIONERS

(BY SRI M S BHAGWAT, ADV.,)

AND

1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001

2. THE STATE OF KARNATAKA DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION REPRESENTED BY ITS SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

3. THE STATE OF KARNATAKA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, M.S.BUILDING DR.AMBEDKAR VEEDHI, BANGALORE

4. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE

5. THE BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER 19

#20, KUMARA PARK WEST, SANKEY ROAD BANGALORE-560020

6. THE BRUHAT BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R SQUARE, BANGALORE-560001

7. THE BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE, BANGALORE

8. THE SCREENING COMMITTEE FOR REGULARISATION, REP BY ITS CHAIRMAN BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 TO 4; SRI BASAVARAJ V. SABARAD, ADV., FOR R-5; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-6 TO 8 )

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE PROVISIONS OF SECTION 321-A OF KARNATAKA MUNICIPAL CORPORATION ACT, 1976 (INSERTED VIDE AMENDMENT UNDER KARNATAKA MUNICIPAL CORPORATIONS (REGULARISATION OF UNAUTHORISED DEVELOPMENT OR CONSTRUCTIONS) RULES, 2007 ANNEXURE-B IS UNCONSTITUTIONAL, VOID AND UNENFORCEABLE INSOFAR AS THE PETITIONERS ARE CONCERNED ETC.,

IN W.P.NO.2486/08 BETWEEN

1. BALAKRISHNA S/O LATE VENKATESHAIAH AGED ABOUT 60 YEARS, R/A D.NO.8, AND 21, MALLATHAHALLI, GNYANAGANGA NAGAR WARD NO.13, NEAR P.V.P. SCHOOL BANGALORE-560056

2. SMT KALAVATHI W/O H N NAGARAJAIAH SETTY AGED 52 YEARS, NO.35, MALLATHAHALLI WARD NO.13, BANGALORE-560056 20

3. N MOHAN KUMAR S/O G. NAGARAJ AGED 37 YEARS, NO.22, MALLATHAHALLI WARD NO,13, BANGALORE-560056

4. SMT SALMA RIDA W/O SRI ANEES-UR-REHAMAN BEIG AGED ABOUT 27 YEARS, R/A NO.13 7TH MAIN, J P NAGAR V PHASE VINAYAKANAGAR, BANGALORE-560078 ... PETITIONERS

(BY SRI KALEEMULLAH SHARIFF, ADV.,)

AND

1. THE STATE OF KARNATAKA BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, DR.AMBEDKAR VEEDHI BANGALORE-560001

2. BRUHAT BANGALORE MAHANAGARA PALIKE REP BY ITS DEPUTY COMMISSIONER (SOUTH), OFFICE OF RAJARAJESWARI CITY MUNICIPAL COUNCIL RAJARAJESWARI NAGAR, BANGALORE

3. THE BANGALORE DEVELOPMENT AUTHORITY K P EXTENSION, BANGALORE-560020 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY CUNNINGHAM ROAD, BANGALORE-560052 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI K KRISHNA, ADV., FOR R-3; SRI S G PANDIT, ADV., FOR R-4)

21

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE AMENDMENT ACT VIZ., THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004 (KARNATAKA ACT NO.1/2007) VIDE ANNEXURE-H INSERTING SECTION 76FF TO THE MAIN ACT OF 1961 AND SIMILAR AMENDMENTS BROUGHT ABOUT IN KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 AND THE KARNATAKA MUNICIPALITIES ACT, 1964 AS UNCONSTITUTIONAL BEING ULTRA VIRES AND VOID ETC.,

IN W.P.NO.3622/08 BETWEEN

1. SMT. SAROJAMMA W/O SREEKANTAIAH AGED 47 YEARS SITE NO.29, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

2. MARIYAPPA S/O BHADREGOWDA AGED 58 YEARS SITE NO.7, S.NO.115 MALLATHAHALLI YESHWANTHAPURA HOBLI BANGALORE-560056

3. SMT JAYALAKSHMI W/O MARIYAPPA AGED 48 YEARS SITE NO.7, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

4. H G SHANTHAKUMARI W/O K S MARIYAPPA AGED 38 YEARS, SITE NO.107/1 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 22

5. E RAJAPPA S/O KENCHAVEERAIAH AGED 58 YEARS, SITE NO.30 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

6. DR. SUNIL KUMAR S/O CHANNAPPA AGED 48 YEARS, REP BY HIS G P A SRI G GANGAHUCHAIAH S/O LATE GANGAIAH, SITE NO.50 KHATA NO.150, S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

7. K NATESH S/O KAVERAPPA AGED 44 YEARS SITE NO.46, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

8. S C BORAIAH S/O LATE CHANNAPPA AGED 55 YEARS, SITE NO.40 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

9. N C SIDDALINGAIAH S/O LATE CHANNAPPA AGED 36 YEARS SITE NO.20, S.NO.115 MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056

10. SMT REHANA BANU W/O INAYATH ALI BAIG AGED 38 YEARS, SITE NO.36 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/A NO.13, 5TH MAIN PUTTANAHALLI, VINAYAKNAGAR 5TH PHASE, J P NAGAR BANGALORE 23

11. SMT SHEHER JAFFAR W/O SYED JAFFER AHMED AGED 25 YEARS, SITE NO.49 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/A NO.10, 5TH CROSS 17TH MAIN, BTM I STAGE, I PHASE BANGALORE

12. SMT RIZWANA BANU W/O MOHAMMED ARIF AGED 36 YEARS, SITE NO.37 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/AT NO.13, I FLOOR 5TH MIAN, VINAYAKANAGAR J P NAGAR, BANGALORE

13. SMT. RUKSANA BANU W/O RIYAZULLAKHAN AGE 34 YEARS, SITE NO.38 S.NO.115, MALLATHAHALLI YESHWANTHPURA HOBLI BANGALORE-560056 NOW R/AT MASJID MOHALLA RAMANAGARAM ... PETITIONERS

(BY SRI KALEEMULLAH SHARIFF, ADV.,)

AND

1. THE STATE OF KARNATAKA BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT M S BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560001

2. BRUHAT BANGALORE MAHANAGARA PALIKE REP BY ITS DEPUTY COMMISSIONER (SOUTH) OFFICE OF RAJARAJESWARI CITY MUNICIPAL COUNCIL, RAJARAJESWARI NAGAR, BANGALORE 24

3. THE BANGALORE DEVELOPMENT AUTHORITY K P EXTENSION, BANGALORE-560020 REP BY ITS COMMISSIONER

4. BANGALORE METROPOLITAN REGION DEVELOPMENT AUTHORITY CUNNINGHAM ROAD BANGALORE-560052 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI V B SHIVAKUMAR, ADV., FOR R-3; SRI S G PANDIT, ADV., FOR R-4)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE THAT THE AMENDMENT ACT VIZ., THE KARNATAKA TOWN AND COUNTRY PLANNING AND CERTAIN OTHER LAWS (AMENDMENT) ACT, 2004 (KARNATAKA ACT NO.1/2007 VIDE ANNEXURE-L INSERTING SECTION 76FF TO THE MAIN ACT OF 1961 AND SIMILAR AMENDMENTS BROUGHT ABOUT IN THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1964 AS UNCONSTITUTIONAL BEING ULTRA VIRES AND VOID SO FAR AS PETITIONER IS CONCERNED ONLY ETC.,

IN W.P.NO.13336/05 BETWEEN

1. S VASUDEV, ADVOCATE NO.78/2, SUSHEELA ROAD DODDA MAVALLI BANGALORE-560004

2. AMARNATH A V, ADVOCATE NO.1756, 1 ST ‘B’ MAIN NARAYANA MANSION GROUND FLOOR, RAJAJINAGAR BANGALORE-560010

25

(THE PRESENT PETITIONERS ARE SUBSTITUTED IN PLACE OF ORIGINAL PETITIONERS V/O DATED 15.11.2005) ... PETITIONERS

(BY SRI PRADEEP S. SAWKAR, ADV., FOR M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,)

AND

1. STATE OF KARNATAKA REP HEREIN BY PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BANGALORE-560001

2. BANGALORE DEVELOPMENT AUTHORITY T CHOWDAIAH ROAD BANGALORE-560032 REP BY ITS COMMISSIONER

3. BANGALORE MAHANAGARA PALIKE SUB-DIVISION BANGALORE-560034 REP BY ITS COMMISSIONER

4. DEPUTY COMMISSIONER (EAST) BANGALORE MAHANAGARA PALIKE MAYO HALL, BANGALORE-560001

5. THE COMMISSIONER OF POLICE BANGALORE CITY, INFANTRY ROAD BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 & 5; SRI BASAVARAJ V. SABARAD, ADV., FOR R-2; SRI K N PUTTEGOWDA, ADV., FOR R-3 & 4)

THIS WRIT PETITION IS FILED PRAYING TO DIRECT RESPONDENT NOS.1 TO 4 TO CONDUCT A SURVEY OF KORAMANGALA LAYOUT AND IDENTIFY BUILDINGS WHICH HAVE BEEN CONSTRUCTED IN VIOLATION OF THE SANCTIONED PLAN AND/OR IN VIOLATION OF THE 26

BUILDING BYE-LAWS AND ORDER DEMOLITION OF THE OFFENDING PORTIONS ETC.,

IN W.P.NO.19483/07 BETWEEN

B S SRINIVAS S/O B SEETHARAMAIAH AGED 41 YEARS, R/AT NO.5/6, HIMAVAD 7TH CROSS, NEW BANK COLONY , BANGALORE-560062 ... PETITIONER

(BY SRI PRADEEP S. SAWKAR, ADV., FOR M/S.SUNDARASWAMY RAMDAS & ANAND, ADVS.,)

AND

1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001 REPRESENTED BY PRINCIPAL SECRETARY

2. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, BANGALORE-560001 REPRESENTED BY THE COMMISSIONER

3. BRUHAT BANGALORE MAHANAGARA PALIKE J.C.ROAD, BANGALORE-560002 REPRESENTED BY COMMISSIONER

4. THE MEMBER SECRETARY BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY M.S.BUILDING, BANGALORE-560001 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI VISHNU D. BHAT, ADV., FOR R-2; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-3; R-4 SERVICE HELD SUFFICIENT V/O DT. 26.06.2009)

27

THIS WRIT PETITION IS FILED PRAYING TO DECLARE SECTION 76FF OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 AS ULTRA VIRES ARTICLES 14 AND 21 OF THE CONSTITUTION INSOFAR AS THE PETIITONER IS CONCERNED ETC.,

IN W.P.NO.18952/07 BETWEEN

1. SRI ANANTHPADMANABHA S/O NARAYANACHAR AGED ABOUT 50 YEARS NO.90, 1ST MAIN NRUPATHUNGA NAGAR KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE BANGALORE-76

2. H S KRISHNA MURTHY S/O N.R.SHANKARNARAYAN AGED ABOUT 69 YEARS NO.30, 1ST CROSS NRUPATHUNGA NAGAR KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE BANGALORE-76

3. SRI K R GOPAL S/O LATE K.S.RAMA SETHU AGED ABOUT 60 YEARS NO.140, 2ND MAIN, 4TH CROSS KOTHANUR DINNE MAIN ROAD NRUPATHUNGA NAGAR J.P.NAGAR 8TH PHASE, BANGALORE-76

4. SMT. SABITHA RAVI W/O V.RAVI AGED ABOUT 36 YEARS NO.13, 1ST CROSS NRUPATHUNGA NAGAR KOTHANUR DINNE MAIN ROAD J.P.NAGAR 8TH PHASE BANGALORE-76 ... PETITIONERS

(BY SRI RAGHU PRASAD B S, ADV.,) 28

AND

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VIDHANA VEEDHI, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

4. THE DEPUTY COMMISSIONER , BANGALORE-1 ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1 & 4; SRI SUBRAMANYA .R, ADV., FOR M/S.ASHOK HARANAHALLI ASSTS., ADVS., FOR R-2; SRI K N PUTTEGOWDA, ADV., FOR R-3)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-K.

IN W.P.NO.19431/07 BETWEEN

KARTHIKEYAN NAIR .R S/O T.K.RAMAN PILLAI AGED ABOUT 71 YEARS NO.49, NAYAK LAYOUT J.P.NAGAR 8TH PHASE BANGALORE-76 ... PETITIONER

(BY SRI RAGHU PRASAD B S, ADV.,)

29

AND

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-G ETC.,

IN W.P.NO.19432/07 BETWEEN

1. SHASHI DESHPANDE S/O D.SRINIVAS MURTHY AGED 42 YEARS

2. SMT. DEEPA SASHTRY D/O C.V. SASHTRY AGED 37 YEARS

3. SRI C V SASHTRY S/O LATE C V CHANDRASHEKAR SASHTRY AGED 66 YEARS

4. SMT. UMA SASHTRY W/O C.V. SASHTRY AGED 61 YEARS,

5. SRI AJEY KUMAR S/O C.V. SASHTRY AGED 30 YEARS 30

REP BY GPA HOLDER MR. VENKATESHWARA SHASTRY R/A FD-61, HAL S O ENCLAVE OLD MADRAS ROAD, BANGALORE-93

ALL P.1 TO P.4 ARE R/AT NO.358 8TH CROSS, NRUPATHUNGA NAGAR J P NAGAR 7TH PHASE BANGALORE-78 ... PETITIONERS

(BY SRI RAGHU PRASAD B S, ADV.,)

AND

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-K INSOFAR AS PETITIONERS ARE CONCERNED.

IN W.P.NO.19433/07 BETWEEN

1. SRI GIRISH KAMATH S/O LATE H. GOPALAKRISHNA KAMATH AGED 37 YEARS 31

NO.34, NAYAK LAYOUT JAMBOOSAVARI DINNE J P NAGAR 8TH PHASE BANGALORE-76

2. H B GOPINATH S/O LATE H. BALAJI RAO AGED 69 YEARS NO.12 SHIVANI SURABHINAGAR JAMBOOSAVARI DINNE NAYAK LAYOUT J P NAGAR 8TH PHASE BANGALORE-76 ... PETITIONERS

(BY SRI RAGHU PRASAD B S, ADV.,)

AND

1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-1 REP BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-J INSOFAR AS PETITIONERS ARE CONCERNED.

32

IN W.P.NO.19434/07 BETWEEN

SRI K SRINIVASA S/O KRISHNASA M AGED 60 YEARS, NO.55, II MAIN I CROSS, SHREYAS COLONY J P NAGAR 7TH PHASE BANGALORE-78 ... PETITIONER

(BY SRI RAGHU PRASAD B S, ADV.,)

AND

1.STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA VEEDHI BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2.THE BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE-1 REP BY ITS COMMISSIONER

3.THE BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST, BANGALORE-1 REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2; SRI BASAVARAJ V. SABARAD, ADV., FOR R-3)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-J ETC.,

33

IN W.P.NO.19699/07 BETWEEN

1.SRI RAGHAVENDRA PAI S/O SRI K.K.PAI, AGED 43 YEARS NO.95, 3RD MAIN ROAD, RATHADRI LAYOUT JAMBOOSAVARI DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78

2.SRI P G SRINIVAS S/O LATE GIRIAPPA AGED 47 YEARS, NO.6, NAYAK LAYOUT JAMBOOSAVARI DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78

3.SRI SRINATH S D S/O S.R.DINAMANI AGED 30 YEARS, NO.55, NAYAK LAYOUT JAMBOOSAVARI DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78

4.SRI GANESH H K S/O VENKATARAMANAPPA H.K. AGED 43 YEARS, NO.12, 8TH MAIN NAYAK LAYOUT, KOTHANUR DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78

5.SMT. SUDHA G. BHAT D/O GANAPATHI BHAT AGED 40 YEARS, NO.13 8TH MAIN, NAYAK LAYOUT KOTHANUR DINNE J.P.NAGAR 8TH PHASE BANGALORE-78

6.SRI SATHEESHA NAYAK S/O LATE A. GOVINDARAYA NAYAK AGED 47 YEARS, NO.31, NAYAK LAYOUT KOTHANUR DINNE, J.P.NAGAR 8TH PHASE BANGALORE-78

7.SMT.NALINI VENKATESH W/O P. VENKATESH, AGED 45 YEARS NO.56/1, II BLOCK, 6TH MAIN APK ROAD, T.R.NAGAR, BANGALORE-28 34

8.SRI ROY MATHEW S/O V P MATHEW AGED 39 YEARS, NO.97/2 BELLURAPPA COMPOUND RAMAMURTHYNAGAR, BANGALORE-16

9.ANNAPURNA HEGDE W/O GOPAL G. HEGDE, AGED 39 YEARS NO.35, NAYAK LAYOUT JAMBOOSAVARI DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78

10.VISHVANATH VISHNU HEGDE S/O VISHNU K. HEGDE, AGED 57 YEARS NO.22, NAYAK LAYOUT, JAMBOOSAVARI DINNE J.P.NAGAR 8TH PHASE, BANGALORE-78 ... PETITIONERS

(BY SRI RAGHU PRASAD B S, ADV.,)

AND

1.STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT MULTISTOREYED BUILDING VEEDHANA SOUDHA, BANGALORE-1 REP BY ITS PRINCIPAL SECRETARY

2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-1 REPRESENTED BY ITS COMMISSIONER

3. THE BANGALORE DEVELOPMENT AUTHORITY KUMAR PARK WEST, BANGALORE REP BY ITS COMMISSIONER ... RESPONDENTS

(BY SRI A S PONNANNA, AAG A/W SMT. PRATHIMA HONNAPURA, HCGP FOR R-1; SRI K N PUTTEGOWDA, ADV., FOR R-2 & 3)

THIS WRIT PETITION IS FILED PRAYING TO DECLARE AND STRIKE DOWN THE IMPUGNED NOTIFICATION PRODUCED AS ANNEXURE-G AS UNCONSTITUTIONAL, ULTRA VIRES AND VIOLATIVE OF ARTICLE 14 BY ISSUING A WRIT IN 35

THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTIFICATION DATED 14.08.2007 VIDE ANNEXURE-G INSOFAR AS THE PETITIONERS ARE CONCERNED.

IN W.P.NO.10323/07 BETWEEN

MR. D V LAKSHMANA RAO AGED 87 YEARS S/O LATE SHRI D. VENKATASUBBA RAO NO.B-71, SHANKARA PARK RANGARAO ROAD SHANKARAPURAM BANGALORE-560004 ... PETITIONER

(BY SRI M V V RAMANA, ADV., FOR M/S.LEGAL SOLUTION, ADVS.,)

AND

BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER/TOWN PLANNING MEMBER, T.CHOWDAIAH ROAD KUMARA PARK WEST BANGALORE-20 ... RESPONDENT

(BY SRI M B PRABHAKAR, ADV.,)

THIS WRIT PETITION IS FILED PRAYING TO QUASH THE ORDER DATED 24.05.2007 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-H ETC.,

THESE WRIT PETITIONS COMING ON FOR FINAL HEARING THIS DAY, ASHOK B. HINCHIGERI .J MADE THE FOLLOWING:

36

ORDER

Sri A.S.Ponnanna, learned Additional Advocate

General submits that the impugned Rules are repealed and that the Karnataka Town and Country Planning

(Regularisation of Unauthorized Development or

Constructions) Rules, 2014 have come into force.

2. In view of the aforesaid subsequent development, these petitions have become infructuous. They are accordingly dismissed as having become infructuous.

Liberty is reserved to the petitioners to challenge the

Karnataka Town and Country Planning (Regularisation of

Unauthorized Development or Constructions) Rules, 2014 and/or the statutory provisions under which the said Rules are made.

All the pending I.As. are dismissed as having become unnecessary.

Sd/- CHIEF JUSTICE

Sd/- JUDGE bkv