IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE. THE HON'BLE Mr.JUSTICE A.S.BOPANNA

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF JUNE, 2014 BEFORE THE HON'BLE Mr.JUSTICE A.S.BOPANNA WRIT PETITION Nos OF 2014 (LA-BDA) & WRIT PETITION Nos OF 2014 (LA-BDA) BETWEEN: 1. SMT UMA VENKITARAMAN AGED 64 YEARS, S/O LATE VENKITARAMAN, R/O C-804, MANTHRI ELEGANCE APARTMENT, BANNERGATTA ROAD, BANGALOR SRI.K.A. PRABHUKUMAR, 60 YEARS, S/O K.B. AIYAPPA, R/O C 1101, ADARSH RHYTHM 71, PANDURANGA ROAD, BANGALORE K.U.RAJASEKHAR, AGED 54 YEARS, S/O M.UNNIKRISHNAN, R/O 4531, VILLAGE WOOD DRIVE, ORLANDO FLORIDA 32385, USA, REP.BY HIS G.P.A. HOLDER SRI. K.A.PRABHUKUMAR AT SL. NO.2 ABOVE. 4. SMT. SUDHA RAJU AGED 58 YEARS, W/O MR.RAJU, R/O 67/6, 5 TH CROSS, BSK 1 ST STAGE, BANGALORE

2 2 5. SRI. V. CHAKRAPANI AGED 47 YRS, S/O C.VENKATESAN, R/O 6071, SOBHA CARNATION, BELLANDUR, BANGALORE SRI.R. RAVICHANDRAN 54 YRS, S/O G. RAMASWAMI, R/O 20558, COMO LANE, NORTHRIDGE, CA 91326, REP.BY HIS G.P.A. HOLDER, MR. K.A. PRABHUKUMAR SL.NO.2 ABOVE. 7. SRI. ANIL KUMAR G.THRICOVIL S/O T.A. GOPALA RAO, R/O THRICOVIL HOUSE, MANNANAM P.O.KOTTAYAM, KERALA SRI.VARGHESE K.ABRAHAM AGED 44 YRS, S/O T.V.ABRAHAM, R/O THRICOVIL HOUSE, MANNANAM P.O. KOTTAYAM, KERALA SRI. ROY ABRAHAM AGED 44 YRS, S/O M.I.ABRAHAM, R/O ANDUKALAYIL HOUSE, PERUMPAIKADU P.O. KOTTAYAM, KERALA SRI.M.R.PRABHAKAR AGED 49 YRS, S/O M.S.RAMACHANDRA RAO, R/O NO.377, 5 TH MAIN, SRINAGAR, BANGALORE

3 3 11. SRI. VENU PUTHUSSERY AGED 45 YRS, S/O ACHUTAN NAIR, R/O K 1003, MANTHRI TRANQUIL, GUBBALALA, KANAKAPURA MAIN ROAD, BANGALORE P.V. SURESH AGED 45 YRS, S/O V.B. CHARYA, R/O A BLOCK-063, SOBHA MANGOLIA, OPP : JAIBHAVAN, BANNERUGATTA ROAD, GURAPPANAPALYA, BANGALORE SRI. KARTHIGEYAN VAIDYANATHAN 40 YRS, S/O R.VAIDYANATHAN, R/O FLAT NO.5301, NANDI PARK, APARTMENTS, GOTTIGERE, BANNERGHATTA ROAD, BANGALORE SRI.B.G. SUDHAKAR AGED 40 YRS, S/O K.B.GURURAJAN, R/O FLAT NO.403, DELTA FOREST EDGE, APARTMENTS, PLOT NO.264/265, OPP: ADARSH RHYTHM, PANDURANGA NAGAR, BANNERUGATTA ROAD, BANGALORE SRI. MAHESH SHASTRI AGED 43 YRS, S/O SHAMBU SHASTRI, R/O NO.9, KEREMANE ROAD, DEVARAKERE EXTN., ADJACENT TO ISRO LAYOUT, BANGALORE

4 4 16. SRI. KAILASH CHAND BHANSALI AGED 53 YRS, S/O LATE PUKHRAJJI BHANSALI, R/O NO.40, 4 TH CROSS,PUKHRAJ LAYOUT, BANNERGHATTA ROAD, BANGALORE SRI.V.C. BHAGYARAJ AGED 27 YRS. S/O CHANGAMA NAIDU, R/O NO.11, CHANNAMMA TANK BUND ROAD, NEAR VIDYAPEETA CIRCLE, T.R. NAGAR, BANGALORE SMT. VASUNDHARA RAO AGED 66 YRS, W/O LATE H.S. SURYANARAYANA RAO, R/O 34 GREEN BANKS, VAJRAMUNI ROAD, ANJANAPURA 5 TH BLOCK, BANGALORE SRI. AJAY G.N. AGED 28 YEARS, S/O NARAYANA PRASAD, R/O 7/3, WMS COMPOUND, 47 TH CROSS, 9 TH MAIN, JAYANAGAR, 5 TH BLOCK, BANGALORE , REP.BY HIS G.P.A. HOLDER SRI. G.S. NARAYANA PRASAD. 20. SRI.G.R.BALAJI, AGED 43 YEARS, S/O RAGHOTHAM, R/O 12, SRINIDHI, BEHIND S.L.N. TEMPLE, KATHRIGUPPE MAIN ROAD, BANGALORE SMT. INDU BALAJI AGED 37 YEARS, S/O G.R. BALAJI, R/O 12, SRINIDHI, BEHIND S.L.N. TEMPLE, KATHRIGUPPE MAIN ROAD, BANGALORE

5 5 22. SRI. SHASHIKANTH PUJAR GOVIND AGED 43 YRS, S/O G.R.PUJAR, R/44, RAGHAVENDRA NIVAS, 2 ND CROSS, SAHYADRI LAYOUT, BANNERGHATTA ROAD, PANDURANGANAGAR EXTN., BANGALORE SRI. NARASIMHA SHENOY AGED 40 YRS, S/O SHRIDHAR SHENOY, R/O 873, NAYANA, 2 ND FLOOR, 11 TH A CROSS, 22 ND MAIN, J.P. NAGAR II PHASE, BANGALORE ANUP SAXENA AGED 39 YRS, S/O LATE MOHANLAL SAXENA, R/O 133, 2 ND CROSS, 19 TH MAIN, 6 TH BLOCK, KORAMANGALA, BANGALORE G.S. NARAYANA PRASAD, AGED 60 YEARS, S/O LATE G.A.SUNDARARAJ, R/O D-7/3, WMS COMPOUND, 47 TH CROSS, 9 TH MAIN, JAYANAGAR, 5 TH BLOCK, BANGALORE SRI. PADAMCHAND P.C. JAIN S/O PREM RAJJI BAFNA, 69 YRS, R/O 1635, KUSUM KUNJ, 18 TH MAIN ROAD, 35 TH CROSS, BSK II STAGE, BANGALORE SRI. CHANDRASHEKAR AGED 47 YERS, S/O NARASIMHA MURTHY, R/O 1213,

6 6 SRINIVAS APARTMENTS EAST END MAIN ROAD, 4 TH T BLOCK, JAYANAGAR, BANGALORE SRI. RAVISHANKAR HOLLA AGED 45 YEARS, S/O I.N.HOLLA, R/O 2511, OWENS LANDING TRAIL, KENNESAW, GEORGIA 30152, REP.BY HIS G.P.A. HOLDER, SRI. K.Y. SRIDHAR. 29. SRI. M. SURENDRAN AGED 57 YEARS, S/O LATE M. GANGADHARAN, R/O PO BOX NO.754, WADI KABIR, POSTAL CODE 117, SULTANATE OF OMAN. 30. SRI. G. SRIRAM, AGED 52 YEARS, S/O GURUVIAH, R/O UNIT 16-17, SRI IMPIAN, CONDOMINIUM 38, JALAN ANG SENG, 50470, BRICKFIELDS, KAULA LUMPUR, MALAYSIA. REP.BY HIS G.P.A HOLDER, S.UMAMAHESHWARI. 31. SRI. ANANTHA PADMANABHAN AGED 49 YRS, S/O C. VENKATESAN, R/O P.O. BOX 833, RUWI, PC 112, SULTANATE OF OMAN. 32. SRI. VIJAYAKUMAR RAMACHANDRAN AGED 36 YRS, S/O RAMACHANDRAN, R/O 250 ACALANES DRIVE, NO.3, SUNNY VALE, CALIFORNIA 94086, REP.BY HIS G.P.A. HOLDER SMT. SHARADAMBA.

7 7 33. SRI. PRASAD BAGAL AGED 40 YRS, S/O VAMANAN B BAGAL, R/O 20020, KARN CIRCLE, SARATOGA, CA SRI. BRIJENDRA SINGH AGED 45 YEARS, S/O M.N. SINGH, R/O 1162, LONDON AVENUE SUNNYVALE, CA US SRI. R. VIJAY RAJAPPA AKKARAJU 53 YRS, S/O V. RAJAPPA, R/O 34693, BUNKER HILL Dr.FARMINGTON HILLS, MI 48331, USA. REP.BY HIS G.P.A. HOLDER, SRI. SATISH BABU. 36. SRI. BALAKRISHNA KUTHYAR AGED 53 YRS, S/O VASUDEVA RAO, R/O 5, AAKAR APARTMENTS, NO.29, V.S.RAJU ROAD, K.P.WEST, BANGALORE REP. BY HIS G.P.A HOLDER SRI. CHANDRASHEKAR RAO KUTHYA. 37. SRI. ANAND SUBRAMANIAN AGED 35 YRS, S/O R. SUBRAMANIAN, R/O NO.1000, ESCALON AVE, APT # 1033, SUNNYVALE, CA 94085, USA, REP.BY HIS G.P.A. HOLDER R.SUBRAMANIAN.... PETITIONERS (By Sri.M.KRISHNAPPA, Adv.)

8 8 AND: 1. BANGALORE DEVELOPMENT AUTHORITY SANKEY ROAD, CROSS, K.P WEST, BANGALORE REP.BY ITS COMMISSIONER. 2. THE DEPUTY COMMISSIONER (LAND ACQUISITION) BANGALORE DEVELOPMENT AUTHORITY, SANKEY ROAD CROSS, K.P. WEST, BANGALORE STATE OF KARNATAKA REP.BY ITS SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT DEPARTMENT, M.S.BLDGS, BANGALORE RESPONDENTS (By Sri.NARENDRA GOWDA, Adv. FOR R1 & 2; Sri.H.VENKATESH DODDERI, AGA FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO INITITIATE APPROPRIATE PROCEEDIGNS UNDER SEC.20 OF BDA ACT, 1976, FOR LEVY OF BETTERMENT TAX IN RESPECT OF THE PETITIONERS LANDS BEARING SITE NOS. 1, 2, 22, 23, 3, 20A, 20B, 20C, 25, 29, 30, 5, 6, 10, 11, 12, 12A, 12B, 15, 16, 18, 21, 27, 33, 34, 35, 35A, 36A, 37, 37A, 39, 42, 52, 53, 32, 26, 31, 19A, 18A, 40, 51, SY.NO.14, 38, & SITE 14, [FORMED OUT OF SY.NOS.12,14,16 1/C & 16 1/B] SITUATE AT ANJANAPURA VILLAGE UTTARAHALLI HOBLI, BANGALORE SOUTH TQ. & DETERMINE THE BETTERMENT TAX PAYABLE BY THE PETITITIONERS & TO GRANT KATHA CERTIFICATES, BUILDING LICENCES, SANCTIONED BUILDING PLANS etc., IN FAVOUR OF PETITIONERS.

9 9 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The petitioners are before this Court seeking for issue of mandamus to direct the respondents to initiate proceedings under Section 20 of the Bangalore Development Authority Act, 1976 (for short, BDA Act) for levy of betterment tax in respect of the sites belonging to the petitioner as detailed in Prayer (a) to the petition. The said sites are carved out in Sy.Nos.14, 38, 12, 16/1C and 16/1B situate at Anjanapura Village, Bangalore South Taluk. The petitioners are also seeking determination of the betterment tax payable by the petitioners and to grant Khatha Certificates, Building Licenses, Sanction Building Plans, etc., in their favour. In that direction, the petitioners have sought for consideration of their representation dated

10 10 The petitioners have also sought for the alternative relief of quashing the Notification dated and The facts in brief are that the petitioners herein had purchased house sites in the layout found by a private developer which was known as Green Banks Layout. The respective sites purchased by them has been detailed and the instance of the sale deeds have been referred to in respect of the property in Sy.No.12, 14, 16/1B and 38 wherein the said sites were carved. The second respondent had issued Notification seeking to acquire the said property for the formation of the residential layout. The contention of the petitioners is that despite such Notification being issued, the possession of the property was not taken and the same continued to remain with the petitioners. In such circumstances, the petitioners contend that they are entitled to remain in possession of the said property and Respondent No.2 in order to regularize

11 11 the same are required to assess the betterment charges in respect of the property and issue khatha certificates in favour of the petitioners who are the site owners. 3. In order to claim such right, the petitioners have made reference to the decision of this Court in the case of Gangaiah Naidu vs- Bangalore Development Authority reported in ILR 2010 Kar This Court while considering similar contentions putforth by the petitioners therein who are similarly placed as the petitioners herein, had directed the Respondent BDA to give up the sites purchased by the petitioners from acquisition and collect betterment charges in respect of the same as had been decided by them. In that view, a direction was also issued that the betterment charges which were determined earlier and had been earlier paid by the site purchaser shall be retained by the second respondent and the said amount be adjusted towards the betterment charges to be levied on the site owners.

12 12 4. In the instant case, the petitioners contend that even in respect of the petitioners, a decision had been taken to collect the betterment charges from them and the petitioners have also at the first instance made certain payments. The grievance of the petitioners is that subsequently, the respondents have not proceeded further in terms of the earlier decision to collect betterment charges but have sought to recile from the same. If these aspects of the matter are kept in view, considering the fact that this Court in similar set of circumstances had directed the second respondent to proceed further and assess the betterment charges after excluding the sites purchased by the petitioners therein, the petitioners herein will also be entitled to similar relief in these petitions. In the instant case also there is no dispute that the possession of the sites have not been taken by the respondents.

13 13 5. Accordingly, the Respondents No.1 & 2 are directed to exclude the sites purchased by the petitioners from the process of acquisition initiated through the Notifications dated and In that view, there is no need to grant the alternate relief sought by the petitioners to quash the said Notifications. In the light of the directions issued to exclude the sites, the Respondents No.1 & 2 shall now proceed to assess the betterment charges payable by the petitioners, adjust the amount, if already paid by the petitioners and demand the balance payment to be made by the petitioners. On the petitioners complying with the said demand for payment of betterment charges, the regularization of the sites in favour of the petitioners shall be made by issue of appropriate endorsement, document or khatha certificates which shall enable the petitioners to secure further khatha entries and certificates from Civic

14 14 Authority / Local Authority within whose jurisdiction the property is presently situate. 6. The relief sought for issue of building license and sanction plan, etc., would not arise for consideration in the instant petition since it is for the Civic Authority / Local Authority to sanction the same, which would be considered by them in accordance with law based on the documents that would be issued by Respondents No.1 & 2 herein. In terms of the above, these petitions stands disposed of. Sd/- JUDGE dh*