High Court of Karnataka
Daily Orders of the Case Number :
WP 40994/2002 Date of order 24/08/2012
Honble Justice RAM MOHAN REDDY & H.BILLAPPA
Order in WP 40994/2002
Sri. M. Shivaprakash, learned Counsel to comply with office objections on I.A.2/12 and 3/12 and ensure service of copies on the learned Counsel for the parties who are permitted to file objections.
2. In compliance with the order dt. 27/7/2012, the respondent BBMP files a report along with enclosures. The abstract of the percentage of utilization of land for formation of layout in respect of 181 acres and 39.25 guntas (including un-acquired land), discloses shortfall of 20.20% in CA, parks and open spaces and excess of 4.42% against roads and 15.78% towards sites. Report is taken on record. Parties are entitled to file objections if any.
3. Learned Counsel for the 1st respondent BDA files a memo enclosing a photocopy of the notification dt. 12/10/1984 along with the Zonal Regulations approved under the Comprehensive Development Plan, in compliance with the order dt. 27/7/2012.
4. The 4th respondent Society, in compliance with the order dt. 27/7/2012 files a memo enclosing the sketch prepared by a private surveyor, in respect of 156 acres 26.75 guntas of land and its utilization both in percentages and areas in Sq.Meters and Sq.Feet. According to the Society, 60.13% constitutes residential area; while 5.53% is relinquished in favour of BBMP; and roads including roads in un-acquired land constitute 34.34%. The enclosures include photocopies of orders passed by the Bangalore Development Authority imposing penalty in respect of areas in excess utilized for sites in a layout formed by MPM Housing Society and regularizing the layout.
5. Learned Sr. Counsel for the Society presents a memo enclosing a map of layout signed by the Deputy Commissioner, Sr. Superintendent of Land Records and countersigned by the Tahasildar, Bangalore North Taluk, indicating that an extent of 154 acres 11¿ gunta is acquired while 28 acres 6¿ guntas is the un-acquired portion, totalling to 182 acres and 18 guntas, and that an extent of 2 acres 15 guntas, is in unauthorised occupation while 7 acres 11 guntas is said to be un-utilized by the Society. Also enclosed to the memo is a photocopy of a portion of the Zoning Regulations of the year 2015 providing prescription of 55% of sital area; 15% of civic amenities and parks, in a layout, and exemption to be accorded in the event of short fall in the CA site area.
6. Sri. Subramanya Jois, learned Sr. Counsel for the Society, seeks time to secure instructions over the reduction of the excess sital area so as to decrease the short fall in civil amenities, parks and open space.
List on 31/8/2012.