1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 9 TH DAY OF JUNE, 2014 BEFORE THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS.11407 11408/2014 C/W W.P.NOS.50418, 47348, 51443/2013, 4558 4564/2014 [GM-RES] IN W.P.Nos.11407 11408/2014: BETWEEN: 1. BRIGADE ENTERPRISES LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT BRIGADE GATEWAY CAMPUS, NO.26/1 DR.RAJKUMAR ROAD, MALLESHWARAM, RAJAJINAGAR, BANGALORE 560 055, REP. BY ITS AUTHORIZED SIGNATORY SRI OMPRAKASH, COMPANY SECRETARY. 2. MR.UDAYA KUMAR A., S/O A.RAMA, AGED ABOUT 45 YEARS, R/AT NO.13, 1 ST CROSS, 4 TH MAIN, BRINDAVAN EXTENSION, ARAKERE MICO LAYOUT, B.G.ROAD, BANGALORE 560 076. (BY SRI V.SRINIVASA RAGHAVAN, ADV.) PETITIONERS AND: 1. UNION OF INDIA, THROUGH ITS SECRETARY, CONSUMER AFFAIRS,
461-A, KRISHI BHAWAN, NEW DELHI 110 001. 2 2. GOVERNMENT OF KARNATAKA, DEPARTMENT OF LEGAL METROLOGY, THROUGH THE OFFICE OF INSPECTOR OF LEGAL METROLOGY, JAYANAGAR SUB-DIVISION, CORPORATION BUILDING, MINERVA CIRCLE, V.V.PURAM, BANGALORE 560 004. 3. INSPECTOR OF LEGAL METROLOGY, JAYANAGAR SUB-DIVISION, CORPORATION BUILDING, MINERVA CIRCLE, V.V.PURAM, BANGALORE 560 004. (BY SRI M.MOHAMED IBRAHIM, CGC FOR R-1; SRI VIJAYAKUMAR A. PATIL, HCGP FOR R-1 & R-3.) RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LEGAL METROLOGY ACT 2009 & ANY RULES MADE THEREUNDER ARE NOT APPLICABLE TO IMMOVEABLE PROPERTIES. IN W.P.No.50418/2013: BETWEEN: M/S PROVIDENT HOUSING LTD., HAVING ITS REGISTERED OFFICE AT NO.130/1, ULSOOR ROAD, BANGALORE 560 042, REP. BY ITS MANAGING DIRECTOR MR.V.MADHU. (BY SRI JOSHNA H. SAMUEL, ADV.) PETITIONER
AND: 3 1. UNION OF INDIA, MINISTRY OF CONSUMER AFFAIRS, BY ITS PRINCIPAL SECRETARY, NEW DELHI 110 001. 2. DEPARTMENT OF LEGAL METROLOGY, ROOM NO.461-A, KRISHI BHAWAN, NEW DELHI 110 001, BY ITS DIRECTOR. 3. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY, 4 TH CIRCLE, NO.763, 5 TH BLOCK, BASHYAM CIRCLE, RAJAJINAGAR, BANGALORE 560 010. 4. THE INSPECTOR OF THE LEGAL METROLOGY, AUTO AND TAXI UNIT, RAJAJINAGAR-II, NO.217, KEMPEGOWDA LAYOUT, LAGGERE SERVICE RING ROAD, BANGALORE 560 058. RESPONDENTS (BY SRI M.MOHAMED IBRAHIM, CGC FOR R-1. SRI VIJAYKUMAR A. PATIL, HCGP FOR R-2 TO 4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS DATED 29.10.2013 VIDE ANN-B. IN W.P.No.47348/2013: BETWEEN: 1. PURAVANKARA PROJECTS LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.130/1, ULSOOR ROAD, BANGALORE 560 042,
REP. BY ITS DY. MANAGING DIRECTOR MR. NANI R. CHOKSEY. 4 2. MR. NANI R. CHOKSEY, S/O LATE MR. RUSI B. CHOKSEY, AGED ABOUT 61 YEARS, R/AT NO.130/1, ULSOOR ROAD, BANGALORE 560 042. (BY SRI JOSHNA H. SAMUEL, ADV.) PETITIONERS AND: 1. UNION OF INDIA, MINISTRY OF CONSUMER AFFAIRS, BY ITS PRINCIPAL SECRETARY, NEW DELHI 110 001. 2. DEPARTMENT OF LEGAL METROLOGY, ROOM NO.461-A, KRISHI BHAWAN, NEW DELHI 110 001, BY ITS DIRECTOR. 3. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY, 4 TH CIRCLE, NO.763, 5 TH BLOCK, BASHYAM CIRCLE, RAJAJINAGAR, BANGALORE 560 010. (BY SRI M.MOHAMED IBRAHIM, CGC FOR R-1; SRI VIJAYAKUMAR A. PATIL, HCGP FOR R-1 & 3.) RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND DECLARE THAT THE USE OF THE WORD 'SQUARE FEET' AS A UNIT OF MEASURE IN RELATION TO IMMOVEABLE PROPERTIES IS BASED ON CUSTOM, USAGE AND PRACTISE FROM TIME IMMEMORIAL AND THEREFORE IS NOT INCONSISTENT WITH THE PROVISIONS OF LEGAL METROLOGY ACT 2009.
IN W.P.No.51443/2013: BETWEEN: 5 1. PURAVANKARA PROJECTS LTD., A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.130/1, ULSOOR ROAD, BANGALORE 560 042, REP. BY ITS DY. MANAGING DIRECTOR MR. NANI R. CHOKSEY. 2. MR. NANI R. CHOKSEY, S/O LATE MR. RUSI B. CHOKSEY, AGED ABOUT 61 YEARS, R/AT NO.130/1, ULSOOR ROAD, BANGALORE 560 042. (BY SRI JOSHNA H. SAMUEL, ADV.) PETITIONERS AND: 1. UNION OF INDIA, MINISTRY OF CONSUMER AFFAIRS, BY ITS PRINCIPAL SECRETARY, NEW DELHI 110 001. 2. DEPARTMENT OF LEGAL METROLOGY, ROOM NO.461-A, KRISHI BHAWAN, NEW DELHI 110 001, BY ITS DIRECTOR. 3. INSPECTOR OF LEGAL METROLOGY FLYING SQUAD-1, NO.1 ALI ASKAR ROAD, BANGALORE. RESPONDENTS (BY SRI M.MOHAMED IBRAHIM, CGC FOR R-1; SRI VIJAYAKUMAR A. PATIL, HCGP FOR R-2 & 3.)
6 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN THE PROCEEDINGS AND AFTER EXAMINING THE LEGALITY AND VALIDITY OF THE SAME MAY BE PLEASED TO DECLARE THAT THE PROVISIONS OF THE LEGAL METROLOGY ACT, 2009 (ACT NO.1/2010) VIDE ANNX-B WOULD NOT BE APPLICABLE TO MEASUREMENTS IN RESPECT OF IMMOVABLE PROPERTY. IN W.P.Nos.4558 4564/2014: BETWEEN: 1. THE CONFEDERATION OF REAL ESTATE DEVELOPERS ASSOCIATIONS OF INDIA (CREDAI), UNIT 607-608, 6 TH FLOOR, BARTON CENTRE, 84 MAHATMA GANDHI ROAD, BENGALURU 560 001, KARNATAKA/INDIA, REP. BY ITS PRESIDENT MR R.NAGRAJ, S/O MR.RADHAKRISHNA, AGED ABOUT 54 YEARS. 2. LEGACY GLOBALS PROJECTS PVT. LTD., NO.333, THIMMAIAH ROAD, BANGALORE 560 052, REP. BY ITS DIRECTOR, MR.SANJAY SHENOY, AGE 48 YEARS. 3. UNISHIRE GROUPS (UNISHIRE SKYSCAPES LTD.,) NO.6, KASTURI NIVAS, 1 ST FLOOR, 3 RD MAIN, 5 TH BLOCK, KUMARAPARK (WEST), BANGALORE 560 020, REP. BY ITS PARTNER MR PRATIK K. MEHTA, AGE 40 YEARS.
7 4. NAMBIAR BUILDERS PVT. LTD., NO.57/A, 5 TH MAIN, KODIHALLI, OLD AIRPORT ROAD, BANGALORE 560 008, REP. BY ITS MANAGING DIRECTOR MR.RAMESH NAMBIAR, AGE 44 YEARS. 5. HABITAL VENTURES, NO.26, SHANKARMUTT ROAD, BASAVANAGUDI, BANGALORE 560 004, REP. BY ITS MANAGING DIRECTOR MR.SHIVARAM KUMAR MALAKALA, AGE 39 YEARS. 6. RENAISSANCE HOLDINGS & DEVELOPERS PVT. LTD., NO.50, RENAISSANCE LANDMARK, 17 TH CROSS, 8 TH MAIN, MALLESWARAM, BANGALORE 560 055, REP. BY ITS DIRECTOR MR N.S.RAMANJ, AGE 37 YEARS. 7. PRESTIGE GROUP (PRESTIGE ESTATES PROJECTS LIMITED), "THE FALCON HOUSE" NO.1, MAIN GUARD CROSS, BANGALORE 560 001, REP. BY ITS EXECUTIVE DIRECTOR LEGAL MR T.ARVIND PAI, AGE 47 YEARS. PETITIONERS (BY SRI K.SHASHIKIRAN SHETTY, ADV.) AND: 1. UNION OF INDIA, MINISTRY OF CONSUMER AFFAIRS, BY ITS PRINCIPAL SECRETARY, NEW DELHI 110 001.
2. DEPARTMENT OF LEGAL METROLOGY, ROOM NO.461-A, KRISHI BHAWAN, NEW DELHI 110 001, BY ITS DIRECTOR. 8 3. THE ASSISTANT CONTROLLER OF LEGAL METROLOGY, 4 TH CIRCLE, NO.763, 5 TH BLOCK, BASHYAM CIRCLE, RAJAJINAGAR, BANGALORE 560 010. 4. INSPECTOR OF LEGAL METROLOGY FLYING SQUAD-1, NO.1 ALI ASKAR ROAD, BANGALORE. 5. THE INSPECTOR OF THE LEGAL METROLOGY, AUTO AND TAXI UNIT, RAJAJINAGAR-II, NO.217, KEMPEGOWDA LAYOUT, LAGGERE SERVICE RING ROAD, BANGALORE 560 058. RESPONDENTS (BY SRI M.MOHAMED IBRAHIM, CGC FOR R-1; SRI VIJAYAKUMAR A. PATIL, HCGP FOR R-2 TO 5.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES DATED 16.12.2013, 18.11.2013, 28.10.2013, 6.1.2014, 18.9.2013, 20.12.2013 ISSUED BY THE 3 RD, 4 TH AND 5 TH RESPONDENT VIDE ANN-A TO A5. THESE WRIT PETITIONS COMING ON FOR PRL.HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
9 O R D E R Since common questions of law and fact arise for decision making, with the consent of learned Counsel for the parties, these petitions are finally heard and disposed of by this common order. 2. Challenge in all these petitions is to the notice determining the amount to be paid as penal damages for having violated section 5 of the Legal Metrology Act, 2009 [for short Act ], in the matter of recording in the advertisements for sale of built flats as square feet instead of square meters. 3. Although learned Government Pleader submits that the Act does not provide for an opportunity of hearing to the violators of law and therefore the demand notice, regard being had to the well settled principle of law that all laws must be subservient to the Constitution of India, which is based on the principle of Dharma i.e., principle of natural justice, in the
10 circumstances, submission of learned Government Pleader is devoid of merit. part. 4. In the result, these petitions are allowed in 5. Notices impugned by the Inspector of Legal Metrology are quashed. However, the declaration and constitutional validity are kept open for consideration in an appropriate petition. AN/- Sd/- JUDGE