Judicial Layout: High Court Order on 27/07/2012 in WP.PIL.40994/2002

High Court of Karnataka
Daily Orders of the Case Number : WP  40994/2002
for the date of order 27/07/2012

Honble Justice RAM MOHAN REDDY & H.BILLAPPA27/07/2012    Order in WP  40994/2002

Sri.Subramanya Jois, learned Senior Counsel for the Society, submits   that reasonable time be extended for compliance with the order dated 11.11.2011 as the Society is in the process of making a search in the layout for a vacant site to be made available to a member, by name Mr.R.M.Nagarajaiah, an allottee of a site falling in the 404 sites mentioned in the BDA report.

In the circumstances, we think it appropriate to extend eight weeks time from today. The application is ordered accordingly.

The land acquired for formation of the layout measures 156 acres 26¿ guntas. The unacquired land being revenue pockets inside the layout measures 25 acres 12¿ guntas. The total extent of land forming the layout is 181 acres 39¿ guntas as described in the map enclosed to the memo dated 21.4.2012 of the fourth respondent  Society. In the abstract to the map, as against 156 Acres 26 and ¿ guntas, the percentages of areas utilized for formation of sites, civic amenity with parks and roads are furnished as 61.64% cents, 5.49% cents and 32.87% cents, respectively.

The application for sanction of a layout plan in the year 1992 filed by the fourth respondent Society was for an extent of 156 Acres and 26¿ guntas, by permitting the utilization of 65% of the area for sites, and the balance of 35% towards civic amenity area, parks and roads. The BDA having considered the said representation and the plan resolved to approve the plan subject to conditions as set out in Ex.P.83A (CCC.No.87/2004). PW.2  the Town Planning Officer, by name Mahendra examined on 13.7.2007 in CCC.No.87/2004 testified that the requirement for approval/sanction of a layout plan was 50% towards sital area; 15% towards parks and open spaces and 35% towards roads and civic amenities. What is not forthcoming is the requirement of the percentages contained either in a rule or a circular issued by the Government or regulation.

In that view of the matter, the BDA to furnish material in that regard, while it is also open to the petitioners and the fourth respondent Society to place such material on record, more so, since the fourth respondent asserts that it was entitled to a sanction for utilizing 65% of the area for sites, as has been extended to similar such societies.

There is no dispute that the civic amenities and parks mentioned in the layout plan submitted by the fourth respondent during the year 1992 for approval by the BDA are not at the same location, at site, but are at other locations in the layout since released and relinquished in favour of Bruhat Bangalore Mahanagara Palike, as demarcated and described in the sketch appended to the memo dated 21.4.2012.

In order to ascertain the correctness of the measurements and percentages of the areas utilized for civic amenities, parks, open spaces and roads as reflected in the said map, the Bruhat Bangalore Mahanagara Palike to conduct a spot inspection and record measurements in the presence of any one of the petitioners and any one of the office bearers of the fourth respondent  Society, and submit a report in that regard. The fourth respondent  Society to make available copies of the sketch noticed supra to the learned counsel for the petitioners and the Bruhat Bangalore Mahanagara Palike. The aforesaid parties to assemble at 11.00 a.m. on 10.8.2012 at the office of the fourth respondent Society in the layout without further notice.

List on 24.8.2012.

Let a copy of this order be made available to the learned counsel for the parties.

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