BEFORE THE HON’BLE MR. JUSTICE A S BOPANNAjudgmenthck.kar.nic.in/judgments/bitstream/123456789/...3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 10TH DAY OF APRIL 2013

BEFORE

THE HON’BLE MR. JUSTICE A S BOPANNA

W.P.No.40/2013 (LB-BMP) c/w

W.P.Nos.47952-955/2012, 47956-958/2012, 48730/2012 & 49291/2012, 49143-155/2012, 50317/2012, 47037/2012,

44597-598/2012, 47041-42/2012 & 47278/2012, 52403-404/2012, 50678/2012, 51508-510/2012, 42/2013,

44/2013, 67/2013, 68-69/2013, 70/2013, 71/2013, 72-74/2013, 197/2013, 236/2013, 237/2013, 238/2013, 403/2013, 674-675/2013, 279/2013 & 1630-31/2013,

695-697/2013, 828/2013, 824/2013, 825/2013, 1024-28/2013, 1126-38/2013, 1147/2013, 1361/2013,

1434/2013 & 2043-44/2013, 2479-83/2013, 2582-83/2013, 2719/2013, 2746/2013, 49227/2012, 49268-273/2012, 49387/2012, 50104/2012, 50227/2012, 50343/2012, 50666/2012 & 591/2013, 50758/2012, 52526/2012, 120/2013, 2725/2013, 2728/2013, 2766/2013 &

3293-95/2013, 3312/2013, 3417/2013, 3824-26/2013, 3827/2013, 3832/2013 & 3860-63/2013, 3852/2013,

3886-87/2013, 3888/2013, 4598/2013, 4603-604/2013, 4606/2013, 4607/2013, 4720/2013, 4748/2013, 4761/2013, 4763/2013, 5393/2013 & 7091-94/2013, 5854-55/2013,

5866/2013, 5867/2013, 5936/2013, 5937/2013, 5938/2013, 5939/2013, 5975-78/2013, 5991/2013, 6248-51/2013 & 6471-73/2013, 6500/2013, 6884/2013, 6907-908/2013, 6964/2013, 6965/2013, 7032-35/2013, 7059-60/2013,

7061-63/2013, 7315/2013, 7317-318/2013, 7891/2013 & 8980-81/2013, 7895-98/2013, 7900-902/2013, 7904/2013, 7905/2013, 7906/2013, 7925-26/2013 & 8001-03/2013, 7997/2013, 8101/2013, 8102/2013 & 8583-85/2013,

8208-209/2013, 8276-77/2013, 8390/2013, 8422/2013 & 8461/2013, 8857/2013, 8986-87/2013, 9250/2013,

9328-29/2013, 9330-32/2013, 988/2013 & 1844-1932/2013, 1343/2013, 51821-823/2012, 6966/2013, 6485/2013 & 9620-21/2013, 45223/2012, 8578/2013 & 9544-45/2013, 9726-27/2013, 6484/2013 & 9623-24/2013, 10267/2013, 10272/2013, 10265/2013, 9380-82/2013, 9687-89/2013, 46968/2012, 46489/2012, 47348/2012, 47232/2012 &

47431/2012, 47234-238/2012, 47239/2012, 47401/2012, 10732/2013, 10574/2013, 1338/2013, 45878/2012, 49565-566/2012, 1144/2013, 1145/2013, 1485/2013,

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10920-921/2013, 4414/2013 & 5824/2013, 10266/2013, 10273-274/2013, 10922-923/2013, 11209/2013,

11331-334/2013 & 11335/2013, 12209/2013, 12210/2013, 12224-235/2013, 2218-21/2013, 49852-858/2012,

12592/2013 & 12647-48/2013, 12616/2013, 12649-56/2013, 12657/2013, 12719/2013, 12755/2013, 12865/2013,

12902-903/2013, 12720/2013, 13201/2013, 12866/2013, 12302-303/2013, 13745/2013, 13387/2013 & 14262-64/2013 AND 14390/2013 (LB-BMP)

W.P.No.40/2013 BETWEEN: M/S S R CONSTRUCTIONS PARTNER M/S S.R. CONSTRUCTIONS, NO.7/272, KAKATEEYA RESIDENCY COURT ROAD, ANANTHAPURA, A.P. REP. BY ITS PARTNER SRI. M. RAJAGOPAL, S/O SRI. M. SESHAIAH NAIDU AGED ABOUT 43 YEARS ... PETITIONER (BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING BANGALORE-01 BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-02 3.THE JOINT COMMISSIONER YELAHANKA ZONE, BYATARAYANAPURA, BBMP, BANGALORE-92 4.THE ASST. REVENUE OFFICER YELAHANKA SUB ZONE, BBMP, BANGALORE-64 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI H N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND ETC. W.P.Nos.47952-955/2012 BETWEEN: 1.SRI S RAVINDRANATH S/O LATE SHIVARAMAIAH AGED ABOUT 49 YEARS 2.SRI B S SOMASHEKAR S/O LATE SHIVARAMAIAH AGED ABOUT 46 YEARS 3.SRI B S GOPINATH S/O LATE SHIVARAMAIAH AGED ABOUT 36 YEARS 4.R V SUBBAREDDY S/O RAJAGOPAL REDDY AGED ABOUT 36 YEARS THE PETITIONERS NO.1 TO 3 ARE REP. BY THEIR GPA HOLDER THE PETITIONER NO.4 HEREIN ALL ARE R/AT AND HAVING OFFICE AT M/S ECSTASYP RJECTS PVT LTD NO.720/A7, 11TH MAIN 9TH CROSS, INDIRANAGAR HAL 2ND STAGE BANGALORE-560 038 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002

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3.THE ASSISTANT REVENUE OFFICER HOODI SUB DN, TOWN PLANNING, BBMP MAHADEVAPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-D AND THE IMPUGNED NOTICE DATED 20.11.12 ISSUED BY R3 THE ASST. REVENUE OFFICER, BBMP, HOODI SUB DVN, MAHADEVAPURA DVN, BEST BANGALORE-48 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-E AND ETC.

W.P.Nos.47956-958/2012 BETWEEN: 1.SMT PARIJATHA W/O LATE K. NAGARAJU AGED ABOUT 57 YEARS 2.SRI. N. MANJUNATH S/O LATE K. NAGARAJU AGED ABOUT 32 YEARS 3.SMT. VEENA S/O LATE K. RAVIKUMAR AGED ABOUT 30 YEARS ALL ARE R/AT NO.189, SRI. RAMANJANEYA NILAYA, IMMADIHALLY, HAGADURU ENTRY, WHITE FIELD POST BANGALORE-560 066 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY

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VIDHANA SOUDHA BANGALORE-01 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-02 3.THE ASSISTANT/ DEPUTY DIRECTOR TOWN PALNNING, BBMP, MAHADEVAPURA DIVISION, MAHADEVAPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-D AND THE IMPUGNED NOTICE DATED 25.10.12 ISSUED BY R3 THE ASST./DY DIRECTOR, TOWN PLANING BBMP, MAHADEVAPURA DVN, BEST BANGALORE-48 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-E AND ETC. W.P.Nos.48730/2012 & 49291/2012 BETWEEN: 1.SMT. MOTAMMA W/O MUNIANJANAPPA, AGED ABOUT 78 YEARS, 2.SMT CHIKKATHAYAMMA W/O LATE KRISHNAPPA, AGED ABOUT 57 YEARS, BOTH ARE RESIDENTS OF PANATTHUR, VARTHUR-HOBALI, BANGALORE EAST TALUK, BANGALORE. RER. BY THEIR DULY AUTHORISED G.P.A HOLDER, NADIMPALLI SRINIVASA RAJU PROPRIETOR, M/S S.R.CONSTRUCTIONS. ... PETITIONERS (BY SRI UDAYAKUMAR P & SRI M R HIREMATHAD, ADVS.)

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AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-1 2.THE COMMISIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002 3.THE JOINT DIRECTOR TOWN PLANNING, BANGALORE EAST, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A ISSUED BY THE COMMISSIONER, BBMP BANGALORE. W.P.Nos.49143-155/2012 BETWEEN: 1.MR. KOTAPATIJANARDHANARAO S/O LATE SRI.NARASIMHAN, AGED ABOUT 48 YEARS, R/AT NO.73, H BLOCK, MADHURA NAGAR, HYDERABAD-38. 2.MR.G.NAGESWARA RAO S/O LATE SRI.CHENCHAIAH, AGED ABOUT 42 YEARS, R/AT NO.23, 7TH CROSS, JAI JAVAN NAGAR, CHIKKA BANASWADI, SUBBANNA PALYA, BANGALORE-560 033. 3.MRS. G.PRAMILA W/O MR. G.NAGESWARA RAO, AGED ABOUT 33 YEARS,

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R/AT NO.23, 7TH CROSS, JAI JAVAN NAGAR, CHIKKA BANASWADI, SUBBANNA PALYA, BANGALORE-560 033. 4.MR.KONDA MADHUSUDHANA RAO S/O SRI.MALAKONDAIAH, AGED ABOUT 29 YEARS, R/AT NO.38, FERNS CITY, DODDANAKUNDI, NEAR OUTER RING ROAD, NEAR MARATHAHALLI, BANGALORE. 5.MRS. G.MEENA CHOWDARY D/O SRI. G MALAKONDAIAH, AGED ABOUT 27 YEARS, W/O MR.KONDA MADHUSUDHANA RAO, R/AT NO.38, FERNS CITY, DODDANAKUNDI, NEAR OUTER RING ROAD, NEAR MARATHAHALLI, BANGALORE. 6.MR.M.RAMANAIAH S/O SRI.PERAIAH CHOWDARY, AGED ABOUT 45 YEARS, R/AT NO.36, VENKATWSHWARA NILAYA, NMR LAYOUT, 1ST CROSS, BEHIND SHWETHA SCHOOL, UDAY NAGAR, BANGALORE-560 016. 7.MS. S.SAILAJA D/O A.HARINARAYANA, AGED ABOUT 32 YEARS, B/205, USHA ENCLAVE, SRINAGAR COLONY, HYDERABAD. 8.MRS.MOLUGU ARUNA W/O MR.M.PURNACHANDER, AGED ABOUT 44 YEARS, R/AT FLAT NO.109, “ASHWINI HEIGHTS”, KODIHALLI, BANGALORE-560 008. 9.MR.K.MAHESWARA RAO

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S/O K.CHINNA MALAKONDAIAH, AGED ABOUT 30 YEARS, D NO.24-8-6, PV, RAJU STREET, RAMAN NAGAR, NEAR SARADA COLLEGE, VIJAYAWADA-11, ANDHRA PRADESH. 10.MR.D.NAGAIAH AGED ABOUT 57 YEARS, NO.25 DNR NILAYAM, 3RD CROSS, GOVINDAPPA ROAD, R.S.PALYA, M.S.NAGAR, BANGALORE-560 033. 11.CH. MALYADRI S/O LATE SRI.ANKAIAH, AGED ABOUT 68 YEARS, R/AT GANDHI STATUE STREET, BHAVANI PURAM, VIJAYAWADA-12. 12.MR.Y.SRINIVAS S/O MR. YANADAIAH, AGED ABOUT 33 YEARS, R/AT H-84, MADHURA NAGAR, NEAR VELLANKI FOODS, HYDERABAD, 13.MR.RAVULAPALLI PRASAD S/O SRI.ANKAIAH, AGED ABOUT 47 YEARS, R/AT FLAT NO.102, SITE NO.193, S.V.PARADISE, AECS LAYOUT, KUNDALAHALLI, BANGALORE. PETITIONERS 1 TO 13 REP. BY THEIR G.P.A. HOLDER THE PETITIONER 1 & 4 HEREIN ... PETITIONERS (BY SRI SUNDAR RAJ, ADV.) AND: 1.STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE-560 001

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REP. BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE-02 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-J AND THE IMPUGNED NTOCE DATED 15.11.12 VIDE ANNX-E ISSUED BY THE R3 AND ETC. W.P.No.50317/2012 BETWEEN: SMT. R K SAROJA AGED ABOUT 59 YEARS, W/O. N.LAXMIPATHY BABU, NO.242, I CROSS, II BLOCK, BANASHANKARI III STAGE, BANGALORE-560 085. ... PETITIONER (BY SRI T P VIVEKANANDA, ADV.) AND: 1.BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP. BY ITS COMMISSIONER. 2.THE ASSISTANT REVENUE OFFICER BYATRAYANAPURA ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 092 3.THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA,

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BANGALORE-560 001, REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI M R SHAILENDRA, ADV. FOR R1 & 2 SMT. MANJULA R KAMADOLLI, HCGP FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 VIDE ANNX-L AND ETC.

W.P.No.47037/2012 BETWEEN: SRI. B S N HARI S/O.LAE SATYANNA, AGED ABOUT 58 YEARS, HAVING OFFICE AT NO.1, GUTTE ANJANEYA TEMPLE STREET, HOSUR ROAD, WILSON GARDEN, BANGALORE-560027. BY HIS POWR OF ATTORNEY HOLDER, M/S.MANTRI DEVELOPERS PVT.LTD, REGISTERED OFFICE AT NO.41, VITTAL MALLYA ROAD, BANGALORE-560 001. REP. BY ITS AUTHORISED SIGNATORY, MR.GIRISH GUPTHA H.S. ... PETITIONER

(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-06

2. THE ASSISTANT REVENUE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE, HORAMAVU SUB-DIVISION,

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BANGALORE SOUTH, BANGALORE-06. ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2 )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-G DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.SQ. METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANNX-B DATED 16.11.12 PASSED BY R2 AND ETC. W.P.Nos.44597-598/2012 BETWEEN: 1. THE CONFEDERATION OF REAL ESTATE DEVELOPER’S ASSOCIATIONS OF INDIA (CREDAI), UNIT 607-608, 6TH FLOOR, BARTON CENTRE, 84, MAHATMA GANDHI ROAD, BANGALORE-560 001. KARNATAKA INDIA, REP.BY ITS PRESIDENT MR.R.NAGRAJ, S/O MR.RADHAKRISHNA, AGED ABOUT 54 YEARS.

2. PURAVANKAR PROJECTS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, AND HAVING ITS REGISTERED OFFICE AT NO.130-/1, ULSOOR ROAD, BANGALORE-560 042. REP.BY ITS SR.VICE PRESIDENT-LEGAL K.V.BHUVANENDRA, S/O LATE K.L.VEDADRI, AGED ABOUT 47 YEARS. ... PETITIONERS (BY SRI UDAY HOLLA, SR.COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.

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2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARAPALIKE, N.R.SQUARE, BANGALORE-560 002. 3. THE JOINT DIRECTOR TOWN PLANNING. BANGALORE EAST, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 002. ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI K V NARASIMHAN, ADV. FOR R2 & 3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A AND QUASH THE DEMAND NOTICE DATED 16.10.12, ISSUED BY THE R3 VIDE ANN-B. W.P.Nos.47041-42/2012 & 47278/2012 BETWEEN: 1. SRI. B S N HARI S/O LATE SATYANNA AGED ABOUT 58 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027 2. SRI NAZEER HUMAYUN S/O LATE SYED ALI AGED ABOUT 50 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027 3. SRI JAVID ARUN S/O LATE SYED ALI AGED ABOUT 50 YEARS HAVING OFFICE AT NO.1 GUTTE ANJANEYA TEMPLE STREET HOSUR ROAD, WILSON GARDEN BANGALORE-560 027

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BY THEIR POWER OF ATTORNEY HOLDER M/S. MANTRI DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.41, VITTAL MALLYA ROAD BANGALORE-560 001 REP. BY ITS AUTHORISED SIGNATORY MR. GIRISH GUPTHA H S ... PETITIONERS

(BY SRI MAHESH, ADV. FOR M/S. MAHESH & CO.) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQURE BANGALORE SOUTH BANGALORE-06 2. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE HORAMAVU SUB-DIVISION BANGALORE SOUTH BANGALORE-06 ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR DT.28.9.12, VIDE ANN-G PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANN-B, DT.16.11.12 PASSED BY THE R2 AND ETC. W.P.Nos.52403-404/2012 BETWEEN: 1. KEYSTONE CONSTRUCTIONS "TUSCAN CENTRE, INFANTRY ROAD, BANGALORE-560001 REP. BY ITS PARTNER, MR.SAI PRASAD, S/O.SATHYA MURTHY, AGED ABOUT 36 YEARS. 2. OZONE SHELTERS PRIVATE LIMITED NO.38, ULSOOR ROAD,

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BANGALORE-560038, REP. BY ITS VICE PRESIDENT (COMMERCIAL) MR.SAI PRASAD, S/O.SATHYA MURTHY, AGED ABOUT 36 YEARS. ... PETITIONERS

(BY SRI K SHASHIKIRAN SHETTY, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE-560001, BY ITS SECRETARY. 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BANGLORE-02 3. THE JOINT DIRECTOR TOWN PLANNING BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE-02 4. ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA BRANCH, BANGALORE-02 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 TO 4)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY R2 VIDE ANNEXURE-A.

W.P.No.50678/2012 BETWEEN: SMT. PADMA J REDDY W/O SRI. G JAYARAM REDDY, AGED ABOUT 71 YEARS,

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R/AT NO.2/1, DOMLUR, HAL MAIN ROAD, BANGALORE-71. ... PETITIONER

(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J C ROAD, N R SQUARE, BANGALORE SOUTH, BANGALORE-06. 2. THE JOINT DIRECTOR (TOWN PLANNING NORTH) BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02. ... RESPONDENTS

(BY SRI D N NANJUNDA REDDY SR.COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR VIDE ANNEXURE-F DATED 28.9.2012 PASSED BY THE 1ST RESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT VIDE ANNEXURE-A DATED 13.12.2012 PASSED BY 2ND RESPONDENT AND ETC. W.P.Nos.51508-510/2012 BETWEEN: 1. A NARASIMHA MURTHY AGED ABOUT 62 YEARS, S/O LATE CHIKKA ABBAYAPPA 2. B.N. KUMAR AGED ABOUT 35 YEARS, S/O A. NARASIMHA MURTHY, 3. B.N. GAJENDRA AGED ABOUT 29 YEARS,

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S/O A. NARASIMHA MURTHY, ALL ARE RESIDING AT NO.125/1, N.M. GARDEN, DODDA KAMMANAHALLI BANNERGHATTA ROAD, SOS POST, BANGALORE 560076 REP. BY THEIR GPA M/S. INNOVATIVE INFRA PROJECTS A REGISTERED PARTNERSHIP FIRM, NO.60, 1ST CROSS, II MAIN, J.P NAGAR, 4TH PHASE, DOLLARS COLONY, BANGALORE- 560078 BY ITS PARTNERS SRI D. SRINIVAS SRI MANOJ KUMAR BAHETI, SRI A. PRAVEEN, SRI.MURALI NARAYAN RATHI ... PETITIONERS

(BY SRI T P VIVEKANANDA, ADV.) AND: 1. BRUHAT BANGALORE MAHANAGARA PALIKE REP. BY ITS COMMISSIONER N.R. SQUARE, BANGALORE-02 2. THE JOINT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3. THE ASSISTANT REVENUE OFFICER BEGUR SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002. 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE 560001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2 E/NOTICE ISSUED TO R3 SRI N B VISHWANATH, AGA. FOR R4)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.09.12 ISSUED BY THE R1 AT ANNX-H AND ETC. W.P.No.42/2013 BETWEEN: M/S S R CONSTRUCTIONS PARTNER M/S S R CONSTRUCTIONS, NO.7/272, KAKATEEYA RESIDENCY, COURT ROAD, ANTHAPURA A.P. REP.BY ITS PARTNER SRI M RAJAGOPAL, S/O SRI M SESHAIAH NAIDU, AGED ABOUT 43 YEARS ... PETITIONER

(BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S BUILDING, BANGALORE- 560 001 BY ITS SECRTARY 2. THE COMMISSIONER BRUHAT BEGALURU MAHANAGARA PALIKE, BANGALORE- 560 002 3. THE JOINT COMMISSIONER YELAHANKA, ZONE, BYATARAYANAPURA, BBMP, BANGALORE-92 4. THE ASST. REVENUE OFFICER YELAHANKA, SUB ZONE BBMP, BANGALORE-64 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 -4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND ETC.

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W.P.No.44/2013 BETWEEN: SMT. M CHANDRAKALA W/O KODANDA RAM REDDY, AGED ABOUT 42 YEARS, R/AT NO.251, 2ND CROSS, VIVEKANANDANAGAR, BEGUR ROAD, BOMMANANHALLI, BANGALORE-560068 ... PETITIONER

(BY SRI RAGHUNATH C M, ADV.) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, THE URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHATH BANGALOE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT COMMISSIONER MAHADEVAPURA ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048 4. THE DEPUTY COMMISSIONER MAHADEVAPURA ZONE, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048 ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R2 -4 SRI N B VISHWANATH, AGA. FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE NOTIFICATION DATED 23.12.2009 VIDE ANNEXURE-E PASSED BY THE 1ST RESPONDENT AND CONSEQUENTLY THE CIRCULAR DATED 7.11.2007 VIDE ANNEXURE-C ISSUED BY THE 2ND RESPONDENT AND THE DEMAND NOTICE / OFFICIAL MEMORANDUM DATED 3.12.2012 VIDE ANNEXURE-B ISSUED BY FOURTH RESPONDENT AND ETC.

19

W.P.No.67/2013 BETWEEN: SMT. RENUKA MANGNANI W/O LATE MOHAN MANGANANI, AGED ABOUT 40 YEARS, R/AT J-76, DIAMOND DISTRICT, OLD AIRPORT ROAD, BANGALORE-560017 ... PETITIONER

(BY SRI T NAGARAJA, ADV. ) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12,PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.6.12.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION, BEST, BANGALORE-48 i.e IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC.

W.P.Nos.68-69/2013 BETWEEN: SRI T SUDHAKAR S/O.T.BHASKAR CHOUDHARY,

20

AGED ABOUT 49 YEARS, R/AT NO.2257, 15TH A CROSS, 21ST A MAIN, HSR 1ST SECTOR, BANGALORE-560113 ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE ASSISTANT REVENUE OFFICER MAHADEVPURA DIVISION BBMP, WHITE FIELD SUB DIVISION, BANGALORE-560066 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED AN ENDORSEMENT DATED 19.12.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC. W.P.No.70/2013 BETWEEN: SMT. RENUKA MANGNANI W/O LATE MOHAN MANGNANI, AGED ABOUT 40 YEARS, R/AT J-76, DIAMOND DISTRICT, OLD AIRPORT ROAD, BANGALORE- 560 017 ... PETITIONER (BY SRI T NAGARAJA, ADV.)

21

AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R CIRCLE, BANGALORE- 560 002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVAPURA, BANGALORE- 560 048 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.6.12.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION, BEST, BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC. W.P.No.71/2013 BETWEEN: SMT. CHANDRAMMA @ CHANDRAVATHI W/O LATE MUNIVENKATAPPA, AGED ABOUT 58 YEARS, R/AT NO.113, 3RD CROSS, DEVASANDRA MAIN ROAD, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560036. ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001

22

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED NOTICE DATED 4.10.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE - 48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.Nos.72-74/2013 BETWEEN: 1. SRI P N KRISHNAREDDY S/O LATE NARAYANAREDDY, AGED ABOUT 43 YEARS, 2. SRI P N BABUREDDY, S/O LATE NARAYANAREDDY, AGED ABOUT 42 YEARS, 3. SRI P N RAGHURAMAREDDY S/O LATE NARAYANAREDDY, AGED ABOUT 35 YEARS ALL R/AT NO.PANTHURU VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560036 ... PETITIONERS

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,

23

VIDHANA SOUDHA, BANGALORE-560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULDAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED NOTICE DATED 27.11.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE - 48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.No.197/2013 BETWEEN: M/S. ISIRI ESTATES (A REGISTERED PARTNERSHIP FIRM) BUILDERS AND DEVELOPERS NO.98, GROUND FLOOR “SRI NILAYA”, 17TH MAIN 19TH A CROSS, 3RD SECTOR HSR LAYOUT, BANGALORE 560 102 REP. BY ITS PARTNERS SR M G ANAND KUMAR SMT B L SAVITHA ANAND KUMAR SMT K V HEMAVATHI LINGAPPA SRI B L LINGARJU ... PETITIONER

(BY SRI T P VIVEKANANDA, ADV.) AND: 1. BHRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE

24

BANGALORE 560 002 REP. BY ITS COMMISSIONER 2. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH) OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALAIKE N R SQUARE BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BEGUR SUB-DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE 560 068 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1- 3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 ISSUED BY THE R1 AT ANN-H AND ETC.

W.P.No.236/2013 BETWEEN: H R SRIKANTH S/O H N RAMAKRISHNA REDDY AGED ABOUT 34 YEARS, R/AT NO. 97/2, 5TH CROSS, VIRGONAGAR POST, CHIKKABASVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-49. ... PETITIONER

(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.)

25

AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-02. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA, BANGALORE-48. ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-K AND THE IMPUGNED NOTICE DATED 23.11.2012 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-F AND ETC. W.P.No.237/2013 BETWEEN: H R PRASHANTH S/O H N RAMAKRISHNA REDDY AGED ABOUT 32 YEARS R/A NO.97/2, 5TH CROSS VIRGONAGAR POST, CHIKKABASAVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI BANGALORE EAST TALUK BANGALORE-560049 ... PETITIONER

(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,

26

VIDHANA SOUDHA BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS

(BY SRI N B VISHWANATHA, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-K AND THE IMPUGNED NOTICE DATED 24.11.12 ISSUED BY R3, THE JOINT/DY. COMMISSIONER, BBMP, MAHADEVPURA DVN, BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-F AND ETC. W.P.No.238/2013 BETWEEN: SMT VIJAYALAKSHMI W/O H.N. RAMAKRISHNA REDDY AGED ABOUT 55 YEARS R/AT NO.97/2, 5TH CROSS, VIRGONAGAR POST, CHIKKABASAVANAPURA VILLAGE, KRISHNARAJA PURAM HOBLI, BANGALORE EAST TALUK BANGALORE-49 ... PETITIONER

(BY SRI NAGAIAH & SRI R D PANCHAM, ADVS.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUTHA BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE

27

MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE-02 3. THE JOINT / DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS

(BY SRI N B VISHWANATHA, AGA. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-K AND THE IMPUGNED NOTICE DATED 23.11.2012, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-F AND ETC. W.P.No.403/2013 BETWEEN: M/S HARA VIJAYA ENTERPRISES NO.1, HARA HOUSE, GUTTE ANJANEYA TEMPLE STREET, HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE-27 KARNATAKA / INDIA REP. BY ITS MANAGING PARTNER, SMT. PAOLA RAVHISHANKAR W/O SRI D. RAVHISHANKAR, AGED ABOUT 51 YEARS ... PETITIONER

(BY SRI S M BABU, ADV.) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVT., URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02

28

3. THE JOINT DIRECTOR OF TOWN PLANNING BANGALORE SOUTH, BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A, ISSUED BY RESPONDENT NO.2 AND ALSO THE ENDORSEMENT [DEMAND NOTICE] DATED 26.12.2012 VIDE ANNEXURE-B ISSUED BY 3RD RESPONDENT AND ETC. W.P.Nos.674-675/2013 BETWEEN: 1. SRI M G RAMAKRISHNAREDDY S/O LATE GOVINDAPPA, AGED ABOUT 61 YEARS, R/AT MAHADEVPURA VILLAGE, K.R.PURAM HOBLI, MGR LAYOUT, WHITE FIELD ROAD, BANGALORE-48. 2. SRI. AMAN KAPUR S/O KRISHNA KUMAR KAPUR, AGED ABOUT 46 YEARS, R/AT NO. 73, FERN CITY, DODDANEKUNDI, BANGALORE-37. ... PETITIONERS

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01. 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-02.

29

3. THE ASSISTANT/ADDITIONAL DIRECTOR OF TOWN PLANNING BBMP, MAHADEVPURA DN, BANGALORE-48. ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED ENDORSEMENT DATED 9.11.12 ISSUED BY R3, THE ASST/ADDL. DIRECTOR TOWN PLANNING BBMP, MAHADEVPURA DN., BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.Nos.279/2013 & 1630-31/2013 BETWEEN: M/S MYHNA PROPERTIES PRIVATE LIMITED HAVING ITS OFFICE AT NO.83, FIRST FLOOR, (G.P.PLAZA), OUTER RING ROAD, NEAR KALA MANDHIR, MARTHAHALLI, BANGALORE-37 REP. BY ITS MANAGING DIRECTOR SRI M.KARTHIKEYAN S/O V. MAHALINGAM AGED ABOUT 33 YEARS ... PETITIONER (BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-01 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE, BANGALORE SOUTH BANGALORE-02

30

3. THE ASSISTANT DIRECTOR TOWN PLANNING, MAHADEVAPURA (DIVSN), BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-48 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANN-E, DT.28.9.12 PASSED BY THE R1, IMPOSING IMPROVEMENT CHARGES OF RS.550/-PER SQUARE METER & ITS CONSEUENTIAL IMPUGNED NOTICE UNDER ANN-A DT.5.11.12 PASSED BY THE R3 AND ETC. W.P.Nos.695-697/2013 BETWEEN: 1. M/S KARLE INFRA PROJECTS PVT LTD., NO 151, INDUSTRIAL SUBURB YESHWANTHAPUR, BANGALORE 560 022 REP. BY ITS DIRECTOR MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS 2. KARLE HOMES PVT LTD., (FORMERLY KNOWN AS WEST FIELD HOMES) NO 151, INDUSTRIAL SUBURB YESHWANTHAPURA BANGALORE 560 022 REP. BY TIS DIRECTOR MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS 3. EAST FIELD HOMES NO 151, INDUSTRIAL SUBURB YESHWANTHAPUR BANGALORE 560 022 REP. BY ITS PARTNER MR. SUDARSHAN KARLE S/O LATE L T KARLE AGED ABOUT 58 YEARS ... PETITIONERS (BY SRI UDAYA HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY)

31

AND: 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA M S BUILDING, BANGALORE 560 001 BY ITS SECRETARY 2. THE COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 3. THE JOINT DIRECTOR TOWN PLANNING BANGALORE NORTH BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02 4. THE ADDITIONAL DIRECTOR (TOWN PLANNING) BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A AND ETC.

W.P.No.828/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST.JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM BANGALORE-560 035 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL

32

S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS SUPERIOR FATHER OF THE PETITIONER TRUST. ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 26.11.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.824/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST. JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM, BANGALORE-35 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS

33

SUPERIOR FATHER OF THE PETITIONER TRUST ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.26.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC. W.P.No.825/2013 BETWEEN: SRI. REVEREND FATHER THERECIOUS SUPERIOR ST. JOSEPH MONASTERY HAVING ITS OFFICE AT ST JOSEPH MONASTERY CARMELARAM, BANGALORE-35 REPT. BY ITS FATHER GEORGE VATTIKUZHIYIL S/O MATHEW VATTIKUZHIYIL AGED ABOUT 47 YEARS

34

SUPERIOR FATHER OF THE PETITIONER TRUST ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.26.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC. W.P.Nos.1024-28/2013 BETWEEN: 1. SRI K BABU S/O A KRISHNAREDDY, AGED ABOUT 48 YEARS, 2. SMT. SHUBHA W/O K BABU AGED ABOUT 35 YEARS, BOTH ARE R/AT NO. 88/1B, 11TH MAIN, KRISHNAREDDY COMPOUND, BEGUR ROAD, HONGASANDRA, BANGALORE-68.

35

3. SRI. G K RAJGOPAL NAIDU S/O KRISHNAM NAIDU, AGED ABOUT 32 YEARS, R/AT NO.28, ADHYA NILAYA, IST CROSS, KALYANANAGARA, BANGALORE-560 043 4. SRI. A SUBRAMANI S/O ANNAIAH NAIDU AGED ABOUT 32 YEARS, R/AT NO.102, IST FLOOR, MARUTHI NILAYA, IST A MAIN, 3RD CROSS, BALAJI LAYOUT, BABUSAPALYA, KALYANAGARA, BANGALORE-560 043 5. SRI. G VENKATESH S/O RAMANAIDU AGED ABOUT 32 YEARS R/AT NO.2, 5TH CROSS, VIJAYA BANK COLONY, BANASAWADI, BANGALORE-43 ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2.THE COMMISSIONER BRUHAT BANGALORE MAHANGARA PALIKE, N.R.CIRCLE, BANGALORE-02. 3.THE ASSISTANT REVENUE OFFICER BEGUR SUB DN, BBMP, MAHADEVPURA, BANGALORE-68. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12,PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.01.01.13 ISSUED BY THE R3 THE ASST. REVENUE OFFICER, BBMP, BEGURU DN

36

BANGALORE i.e., IMPROVEMENT CHARGES ARE CONCERNED, PROCUED AT ANN-A AND ETC. W.P.Nos.1126-38/2013 BETWEEN: 1. SMT SUGUNA AGED ABOUT 59 YEARS, W/O LATE M KRISHNAPPA, 2. SRI M MUNIRAJU AGED ABOUT 35 YEARS, S/O LATE M KRISHNAPPA, 3. SRI K GANESH AGED ABOUT 33 YEARS, S/O LATE M KRISHNAPPA, 4.SMT K PADMA AGED ABOUT 41 YEARS, D/O LATE M KRISHNAPPA, 5.SMT K BHAGYA AGED ABOUT 39 YEARS, D/O LATE M KRISHNAPPA, 6.SMT K KAVITHA AGED ABOUT 25 YEARS, D/O LATE M KRISHNAPPA, 7. SRI CHANNARAYANA REDDY AGED ABOUT 62 YEARS, S/O LATE MUNIYAPPA, 8.SMT. VANALAKSHMI AGED ABOUT 57 YEARS, W/O CHANNARAYA REDDY, 9.SRI C. VIJAYAKUMAR AGED ABOUT 38 YEARS, S/O CHANNARAYA REDDY, 10.SRI C. MANJU AGED ABOUT 33 YEARS, S/O CHANNARAYA REDDY, 11.MRS. HEMAVATHI AGED ABOUT 42 YEARS, D/O CHANNARAYA REDDY,

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12. MS. USHA AGED ABOUT 31 YEARS, D/O CHANNARAYA REDDY, ALL R/AT KAGGADASAPURA VILLAGE K R PURA HOBLI, BANGALORE EAST TALUK-36 13. SOMANNA AGED ABOUT 70 YEARS, S/O LATE SRI NARAYANA REDDY, R/A NO.1, IIIRD MAIN, L.N. REDDY COLONY RAMASWAMY PALYA, BASAVANAGAR, MARTHALLI, BANGALORE 560037 REP. BY THEIR POWER OF ATTORNEY HOLDER SRI KISHORE KUMAR S/O SHANTHILAL, AGED ABOUT 42 YEARS, R/AT NO.99/100-1064 1ST FLOOR, PRESTIGE TOWERS RESIDENCY ROAD, BANGALORE 560025 ... PETITIONERS (BY SRI L K SRINIVAS MURTHY, ADV. FOR M/S. LAW ASSOCIATES) AND: 1.THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-02 3.THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, HAL AIR PORT SUB DIVISION, MAHADEVAPURA DIVISION, BANGALORE-37

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4.THE JOINT DIRECTOR (TOWN PLANNING-NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE NOTICE DT.2.1.2013 ISSUED BY THE R-4 AS CONTAINED IN ANNEXURE-S. AND CIRCULAR DT.28.9.2012 PASSED BY R-2 COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE AS CONTAINED IN ANNEXURE-R AND ETC. W.P.No.1147/2013 BETWEEN: SRI KEMPARAJU S/O LATE KRISHNAPPA AGED ABOUT 57 YEARS NO.846, 6TH MAIN ROAD, L.N. COLONY, BANGALORE-22 ... PETITIONER (BY SRI RAGHUNATH C M, ADV. ) AND: 1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-01 BY ITS SECRETARY 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02 3.THE JOINT COMMISSIONER DASARAHALLI ZONE, BBMP, BANGALORE-94 4.THE ASST. REVENUE OFFICER SHETTAHALLI SUB-ZONE, BBMP, BANGALORE-64 ... RESPONDENTS

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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A, ISSUED BY THE R2 AND ETC. W.P.No.1361/2013 BETWEEN: SRI. G.V. SATHISH REDDY S/O SRI G T VENKATASWAMY REDDY AGED ABOUT 47 YEARS R/A GUNJUR VILLAGE VARTHUR HOBLI BANGALORE ... PETITIONER (BY M/S. IMRAN PASHA & CO., ADVS.) AND: 1.STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02 3.THE DEPUTY COMMISSIONER MAHADEVAPURA WARD MAHADEVAPURA BRUHATH BANGALORE MAHANAGARA PAIKE BANGALORE-560048 4.THE ASSISTANT REVENUE OFFICER MAHADEVAPURA WARD MAHADEVAPURA BRUHATH BANGALORE MAHANAGARA PAIKE BANGALORE-560048 ... RESPONDENTS

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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 AT ANNX-C ISSUED BY R2 AND ETC. W.P.Nos.1434/2013 & 2043-44/2013 BETWEEN: 1. SRI. B. L KODANDARAMAIAH S/O B.C. LAKSHMAIAH AGED ABOUT 45 YEARS R/AT BELTHUR, BANGALORE 2. SRI. B.L. ANAND KUMAR @ SWAMY VEET SONDESH S/O SRI. B.C. LAKSHMAIAH AGED ABOUT 38 YEARS R/AT BELTHUR, BANGALORE 3. SRI. B.L. GIRISH KUMAR S/O SRI. B.C. LAKSHMAIAH AGED ABOUT 27 YEARS R/AT BELTHUR, BANGALORE ... PETITIONERS (BY SRI V.N. KUMAR, ADV.) AND: 1.STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, 4TH FLOOR, VIKASA SOUDHA, AMBEDKAR VEEDHI BANGALORE-01 REP. BY ITS PRINCIPAL SECRETARY 2.THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. CIRCLE, BENGALURU-560002 3.THE JOINT / DEPUTY COMMISSIONER DIRECTOR BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, BANGALORE-48 ... RESPONDENTS

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(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED NOTICE FOUND AT ANNX-D DATED 4.1.13 AND IMPUGNED CIRCULAR FOUND AT ANNX-F DATED 7.2.11 ISSUED BY R2. W.P.Nos.2479-83/2013 BETWEEN: 1.MUNIVENKATAPPA S/O LATE SRI. MUTHAPPA, AGED ABOUT 55 YEARS 2.CHIKKAMUNIYAPPA S/O LATE SRI. MUTTHAPPA, AGED ABOUT 64 YEARS, 3.SAMPANGI S/O LATE SRI. MUTTHAPPA, AGED ABOUT 45 YEARS, ALL ARE R/AT BALAGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560103 PETITIONERS 1 TO 3 REP. BY THEIR G.P.A. HOLDER 4. MR. M VENKATA REDDY S/O M PAPAIAH AGED ABOUT 35 YEARS 5.MR. P N SUNIL BABU S/O P M NAGARAJU, AGED ABOUT 30 YEARS, BOTH 4 & 5 ARE MANAGING PARTNERS M/S EXCEL STONE DEVELOPERS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SY. NO. 86/1, MARIYAPPA LAYOUT, PANATHUR MAIN ROAD,

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PANATHUR POST, BANGALORE-103. ... PETITIONERS (BY SRI SUNDAR RAJ, ADV.) AND: 1.STATE OF KARNATAKA DEAPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY. 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE-02. 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE ORDER DATED 8.1.13 VIDE ANNX-C ISSUED BY R3 AND ETC. W.P.Nos.2582-83/2013 BETWEEN: 1.SRI. H.A. RAMAIAH S/O LATE DODDABBAIAH AGED ABOUT 67 YEARS 2.SRI H A THOTAPP S/O LATE DODDABBAIAH AGED ABOUT 64 YEARS 3.SRI H A GOPAL S/O LATE DODDABBAIAH AGED ABOUT 62 YEARS ALL ARE R/A HAGADURU VILLAGE IMMADIHALLY ROAD K R PURA HOBLI

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BANGALORE EAST TALUK BANGALORE ... PETITIONERS (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002 3.THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-F AND IMPUGNED NOTICE DATED 9.1.13 ISSUED BY R3, THE ASST/DY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DVN BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-G AND ETC. W.P.No.2719/2013 BETWEEN: SHELL PROMOTERS & INFRA PRIVATE LIMITED ( A REGISTERED COMPANY INCORPORATED UNDER THE COMPANIES ACT), REP.BY ITS DIRECTOR, HAVING ITS REGD, OFFICE AT NO.20-601/SH/101, SHELL HOMES, MATRUSRI NAGARA, MIYAPUR, SHERILINGAMAPALLY MANDAL HYDERABAD-500050, ANDHRA PRADESH -STATE,

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REP.BY ITS DIRCTOR, DANDU PRADEEP SWARUP. ... PETITIONER (BY SRI UDAYAKUMAR P, ADV. ) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANASOUDHA, BANGALORE-1, 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. 3.THE JOINT DIRECTOR, TOWN PLANNING BANGALORE -EAST, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A ISSUED BY THE R2 & QUASH THE DEMAND NOTICE DT.14.12.12 ISSUED BY THE R3, VIDE ANN-B. W.P.No.2746/2013 BETWEEN: SMT. USHA P W/O LATE MUNISHAMI, AGED ABOUT 50 YEARS, R/AT VARTHURU VILLAGE & HOBLI, BANGALORE EAST TALUK, ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.

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2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002. 3.THE JOINT/DEPUTY COMMISSIONER BBMP. MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 10.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC. W.P.No.49227/2012 BETWEEN: M/S MICRON ENGINEERING (BANGALORE) PVT. LTD., OFFICE AT NO.12, 5TH MAIN 3RD CROSS, GANDHINAGAR BANGALORE- 560 009 REP. BY ITS DIRECTOR MR. VISHNU R MOOLA ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE BANGALORE SOUTH BANGALORE-06 2. THE ASSISTANT REVENUE OFFICER BRUHAT BENGALURU MAHANAGARA PALIKE

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YESWANTHPURA SUB-DIVISION BANGALORE NORTH BANGALORE-64. ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-G DATED 7.11.07 PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.S.M AND THE SAID CONSEQUENTIAL IMPUGEND ENDORSEMENT UNDER ANNX-B DATED 23.11.12 PASSED BY R2 AND ETC. W.P.Nos.49268-273/2012 BETWEEN: M/S BM DEVELOPERS A PARTNERSHIP FIRM, HAVING ITS OFFICE AT FLAT NO. 405, VANDANA NEST, 7TH A CROSS, JAKKASANDRA, BANGALORE-560 034 REP. BY ITS PARTNER P GAJENDRA AGED ABOUT 39 YEARS, S/O P MUNISHAMY FLAT NO. 405,VANDANA NEST, 7TH A CROSS, JAKKASANDRA BANGALORE-560 034 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRTARY, VIDHANA SOUDHA, BANGALORE- 560 001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R CIRCLE, BANGALORE-560 002 3.THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION,

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MAHADEVPURA, BANGALORE- 560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANN-E AND THE IMPUGNED NOTICE DATED 20.10.12 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.49387/2012 BETWEEN: SRI LENKAPPA S/O LATE CHIKKAHANUMAIAH AGED ABOUT 72 YAERS R/AT THIRUMENAHALY VILLAGE YALAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560045 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE, BANGALORE-560002 3.THE ASSISTANT REVENUE OFFICER BYATARAYANAPURA SUB DN, YALAHANKA DN., BBMP, BANGALORE-560045 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 27.11.12 ISSUED BY THE R3 THE ASST. REVENUE OFFICER BYTARANAPURA SUB DN, YALAHANKA DN, BBMP,BANGALORE NORTH TQ., BANGALORE-45 IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.No.50104/2012 BETWEEN: M/S OIKOS APARTMENT PVT. LTD., HAVINGA ITS REGD. OFFICE AT 534 “THE EMBASSY”, 15, ALI ASKAR ROAD BANGALORE-52, ALLALASANDRA BANGALORE. REP. BY ITS AUTHORISED SIGNATORY MR. SANDEEP RATADIA ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-04 2.THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE YELAHANKA SUB DIVISION BANGALORE EAST BANGALORE-64 ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANNX-A DATED 4.12.12 PASSED BY R2 AND ETC.

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W.P.No.50227/2012 BETWEEN: M/S MANTRI DEVELOPERS PVT. LTD., REGISTERED OFFICE AT NO.41, MANTRI HOUSE, VITTAL MALLYA ROAD, BANGALORE-560 001, REP. BY ITS AUTHORISED SIGNATORY MR.GIRISH GUPTHA H.S. ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND: 1.THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-560 006. 2.THE ASSISTANT REVENUE OFICER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02 3.THE JOINT DIRECTOR (TOWN PLANNING) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE SUB DIVISION, BANGALORE SOUTH, BANGALORE-02 ... RESPONDENTS (BYSRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT UNDER ANNX-A DATED 7.12.12 PASSED BY R2 AND ETC.

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W.P.No.50343/2012 BETWEEN : MR. K SURESH S/O LATE SRI KRISHNAPPA AGED ABOUT 50 YEARS R/A IMMADIHALLI NEAR MILK DIARY K R PURAM BANGALORE-560 066 ... PETITIONER (BY SRI SUNDAR RAJ, ADV.) AND : 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE REP. BY ITS SECRETARY 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002 3. THE JOINT/DEPUTY COMMISSIONER BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI M. R. SHAILANDRA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 9.10.12 VIDE ANNX-A ISSUED BY R3; DIRECT THE R3 NOT TO INSIST/DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNX-A. W.P.Nos.50666/2012 & 591/2013 BETWEEN : 1. MR. G V NAGARAJ REDDY S/O SRI. G.T. VENKATASWAMY REDDY

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AGED ABOUT 50 YEARS R/AT GUNJUR VILLAGE & POST BANGALORE EAST TALUK PETITIONER NO.1 IS REP. BY HIS POWER OF ATTORNEY HOLDER MR. M.K. DURANI MANAGING DIRECTOR N.D. DEVELOPERS PVT. LTD. NO.398, 2ND FLOOR 7TH CROSS, MICO LAYOUT B.T.M. II STAGE BANGALORE-76 2. N.D. DEVELOPERS PVT. LTD. REP. BY ITS MANAGING DIRECTOR MR. M.K.K. DURANI AGED ABOUT 45 YEARS NO.398, 2ND FLOOR 7TH CROSS, MICO LAYOUT B.T.M. 2ND STAGE BANGALORE-76 ... PETITIONERS (BY M/S. KAMAL & BHANU, ADVs.) AND : 1. THE GOVERNMENT OF KARNATAKA BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT MULTI-STORIED BUILDING, BANGALORE-01 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R.CIRCLE BANGALORE-02 3. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE BANGALORE-48 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE R1 & R2 & AFTER GOING THROUGH THE PROPRIETY OR OTHERWISE OF THE PROCEEDINGS ISSUE A

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WRIT OF CERTIORARI & QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R2, AS PER ANN-E AND ETC. W.P.No.50758/2012 BETWEEN : VEERASIMHASANA MATT REP. BY ITS MATHADHIPATHI, SHREE SHA BRA MAHANTALINGA SHIVACHARYA SWAMY VIBHUTHIPURA MATT, KAGGADASAPURA, BANGALORE- 560 048 ... PETITIONER (BY SRI ADINATHA NARADE, ADV. FOR M/S ADINATHA NARDE & REVATHY ASSTS.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE BANGALORE- 560 002 3. THE DEPUTY COMMISSIONER MAHADEVAPURA DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE- 560 048 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THIS PETITIONER;QUASH THE IMPUGNED NOTICE / INTIMATION DATED 20.11.2012 VIDE ANNEXURE-C, DEMANDING THE PETITIONER TO MAKE PAYMENT OF RS.8,35,450/- AND THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-C1 ISSUED BY THE SECOND RESPONDENT WOARDS THE IMPROVEMENT

53

CHARGES, THE COPY OF THE IMPUGNED NOTICE/ INTIMATION DATED 20.11.2012 IS PRODUCED HEREWITH AND ETC. W.P.No.52526/2012 BETWEEN : SKYLARK REALTY PVT. LTD. R/AT 4TH FLOOR, HDIL TOWER ANANT KANEKAR MARG BANDRA (E), MUMBAI 400 051 REP. BY ITS DIRECTOR MR.NISHANT ROA AYALASOMAYAJULA ... PETITIONER (BY SRI SANKET M. YENAGI, ADV. FOR M/S. LAWMEN INTERNATIONAL) AND : 1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE -02 BY ITS COMMISSIONER 2. ASSISTANT REVENUE OFFICER BOMMANAHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BOMMANAHALLI, BANGALORE-02 3. THE ADMINISTRATOR BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 02 ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR 1-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTIONOF INDIA, PRAYING TO QUASH THE NOTIFICATION DT.28.9.12 ISSUED BY THE R1 AT ANN-G, IN SO FAR AS THE PROPERTY OF THE PETITIONER AND ETC. W.P.No.120/2013 BETWEEN : TANGLIN DEVELOPMENTS LIMITED GLOBAL VILLAGE, R.V. COLLEGE POST, KENGERI HOBLI, BANGALORE-59

54

REP. BY ITS MANAGING DIRECTOR SRI NITIN BAGAMANE ... PETITIONER (BY SRI A RAVISHANKAR, ADV.) AND : 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02 2. THE ASSISTANT DIRECTOR TOWN PLANNING (SOUTH) OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3. THE ASSISTANT REVENUE OFFICER KENGERI SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-59 4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1- 3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R1 AT ANN-L; QUASH THE ENDORSEMENT DT.21.12.12 AT ANN-Q ISSUED BY THE R3 AND ETC. W.P.No.2725/2013 BETWEEN : SMT. SOWBHAGYAMMA AGED ABOUT 49 YEARS W/O T N NANJAPPA R/AT MARAPPA COMPOUND THANISANDRA MAIN ROAD

55

ARABIC COLLEGE POST BANGALORE ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE -560001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BBMP, HORAMAVU SUB-DN BANGALORE 560043 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 8.1.13 ISSUED BY R3, THE ASST/REVENUE OFFICER, BBMP, HORAMAVU SUB DVN, BEST, WHICH IS PRODUCED ANN-A BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-A AND ETC. W.P.No.2728/2013 BETWEEN : M/S. S.V.S. PROJECTS A PARTNERSHIP FIRM HAVING ITS OFFICE AT SY Nos.93 & 103 SRINIKETHAN YARRAYYANAPALYA RAMURTHYNAGARA BANGALORE 16 REP. BY ITS ONE OF THE MANAGING PARTNER SRI R LAKSHMI PRASANNA

56

D/O A PRABHAKAR REDDY AGED ABOUT 36 YEARS ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE 560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE 560 002 3. THE ASSISTANT REVENUE OFFICER BBMP, HORAMAVU SUB DN BANGALORE 560043 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI R SUBRAMANYA, ADV. R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED NOTICE DATED 8.1.13 ISSUED BY R3, THE ASST. REVENUE OFFICER, BBMP, HORAMAVU SUB DVN, BEST BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED, VIDE ANNX-A AND ETC. W.P.Nos.2766/2013 & 3293-95/2013 BETWEEN : 1. SOBHA DEVELOPERS LTD., HAVING ITS REGISTERED AND CORPORATE OFFICE AT SARJAPUR-MARTHAHALLI OUTER RING ROAD (ORR) DEVARABISANAHALLI, BELLANADUR POST, BANGALORE-560103 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI 2. D K SURESH S/O SRI KEMPEGOWDA AGED ABOUT 45 YEARS R/AT DODDAHALLAHALLI VILLAGE KANAKAPURA TALUK BANGALORE RURAL DISTRICT

57

3. GOWRAMMA W/O SRI KEMPEGOWDA AGED ABOUT 66 YEARS R/AT DODDAHALLAHALLI VILLAGE KANAKAPURA TALUK BANGALORE RURAL DISTRICT PETITIONER NOS.3 AND 3 ARE REP. BY THEIR POWER OF ATTORNEY HOLDER SOBHA DEVELOPERS LTD., THROUGH ITS AUTHORISED SIGNATORY MS. V PADMAVATHI ... PETITIONERS (BY SRI ANUP S SHAH, ADV. FOR M/S. ANUP S SHAH LAW FIRM SRI SURAJ GOVINDA RAJ, ADV.) AND : 1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01 2. BHRUHAT BANGALORE MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQAURE, BANGALORE-560002 REP. BY ITS COMMISSIONER 3. THE ASSISTANT REVENUE OFFICER RAJARAJESHWARI NAGAR SUB-ZONE BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI NAGAR BANGALORE-560098 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNEXURE-E ISSUED Y R-2; QUASH ALL THE FOUR DEMAND NOTICES DT.5.1.2013 ISSUED BY R-3 BEING THE ASSISTANT REVENUE OFFICER BANGALORE MAHANAGARA PALIKE, RAJARAJESWARI

58

NAGAR SUB ZONE, BANGALORE AT ANNEXURES-A,B,C,D AND ETC. W.P.No.3312/2013 BETWEEN : SRI ROSHAN GEORGE AGED ABOUT 44 YEARS S/O LATE C I GEORGE R/AT NO.974, HAL II STAGE BANGALORE 560008 REP. BY ITS GPA HOLDER GINA DEVELOPERS PVT LTD., COMPANY REGISTERED UNDER THE PROVISIONS OF THE INDIAN COMPANIES ACT NO.330, DOUBLE ROAD 1ST STAGE, INDIRANAGAR BANGALORE 560038 BY ITS MANAGING DIRECTOR SRI TOMY THOMAS ... PETITIONER (BY SRI T P VIVEKANANDA, ADV.) AND : 1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE 560 002 REP. BY ITS COMMISSIONER 2. THE JOINT DIRECTOR TOWN PLANNING - NORTH OFFICE OF THE JOINT DIRECTOR OF TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 3. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR R1 & 2 SRI N B VISHWANATH, AGA. FOR R3)

59

THIS WRIT PETITIN IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-N; QUASH THE ENDORSEMENT DATED 9.1.13 AT ANNX-J ISSUED BY R2 AND ETC. W.P.No.3417/2013 BETWEEN : 1. A DEVARAJ S/O LATE B ASWATHA NARAYAN GOWDA AGED ABOUT 66 YEARS 2. SMT. M PRABHAKUMARI W/O A DEVARAJ AGED ABOUT 58 YEARS BOTH ARE R/AT NO. 118, II STAGE, MAHALAKSHMI LAYOUT WEST OF CHORD ROAD SERVICE ROAD BANGALORE-560086 REP. BY HIS POWER OF ATTORNEY HOLDER- M/S LEGACY GLOBAL PROJECTS PVT.LTD., REP.BY ITS DIRECTOR MR KIRAN GOWDA ... PETITIONERS (BY SRI S SHAKER SHETTY, ADV.) AND : 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 2. ASSISTANT REVENUE OFFICER BYATARAYANAPURA SUB-DIVISION YELAHANKA DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560092 3. GOVERNMENT OF KARNATAKA REP. BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA

60

DR. AMBEDKAR VEEDHI BANGALORE-560001 ... RESPONDENTS (BY SRI N B VISHWANATH, AGA. FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DT.28.9.2012 UNDER CIRCULAR ISSUED BY R-1 AS PER ANNX-F; QUASH NOTICE DT.3.11.2012 ISSUED BY R-2 AS PER ANX-G & FURTHER DIRECT RESPONDENTS TO ISSUE SANCTION PLAN & LICENSE IN RESPECT OF THE PROPERTY NO.191/98/2, KOGILU, YELAHANKA, BANGALORE WITHOUT INSISTING FOR PAYMENT OF THE AMOUNT DEMANDED UNDER ANNX-G.

W.P.Nos.3824-26/2013 BETWEEN:

1. SRI R NANJAPPA S/O LATE M RUDRAPPA, AGED ABOUT 59 YEARS,

2. SRI R NAGARAJ S/O LATE M RUDRAPPA, AGED ABOUT 57 YEARS,

3. SRI R SADASHIVAIAH S/O LATE M RUDRAPPA, AGED ABOUT 55 YEARS

ALL ARE R/OF IMMADIHALLY VILLAGE, K.R.PURA HOBLI, BANGALORE EAST TALUK, BANGALORE. ... PETITIONERS

(BY SRI T. NAGARAJA, ADV.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01.

2. THE COMMISSISONER

BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.

61

3. THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANING, BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-58. ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D AND THE IMPUGNED ENDORSEMENT DATED 16.1.2013 ISSUED BY THIRD RESPONDENT THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC.

W.P.No.3827/2013

BETWEEN: SMT R RAJAMMA W/O LATE N NAGARAJU AGED ABOUT 65 YEARS R/A NO.07, 2ND CORSS CRP ENCLAVE BOZARA LAYOUT HORAMAVU, BANGALORE-43 ... PETITIONER

(BY SRI : T NAGARAJA, ADV.,) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE-560001

2. THE COMMISSIONER

BRUHAT BAGNALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002

3. THE JOINT/DEPUTY COMMISSIONER

BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI M R SHILENDRA, ADV. FOR R2 & 3)

62

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED OFFICE MEMORANDUM DATED 17.1.13 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DVN., BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

W.P.Nos.3832/2013 & 3860-63/2013

BETWEEN: SRI. G. PRASAD REDDY S/O G SRINIVASA REDDY AGED ABOUT 55 YEARS M/S ROYAL LEGEND HAVING ITS OFFICE AT #60/3 60/4, 60/8 & 60/9 BOMMANAHALLI VILLAGE BEGUR HOBLI, BANGALORE ... PETITIONER

(BY SRI K SUMAN, ADV.) AND :

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

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002

3. THE JOINT DIRECTOR TOWN PLANNING

BANGALORE EAST BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560002 ... RESPONDENTS


63

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A & QUASH THE DEMAND NOTICE DATED 20.11.12 ISSUED BY R3 VIDE ANNX-B IN SO FAR AS IT RELATES TO DEMAND OF BETTERMENT CHARGES FROM THE PETITIONER @ RS. 550/- PER SQ.METR.

W.P.No.3852/2013

BETWEEN:

1. L. MUNISWAMY AGED ABOUT 66 YEARS R/A NO.368, RAJIV GANDHI ROAD KRISHNARAJAPURAM EXTENSION BANGALORE 560036

2. T. M. SAVITHRAMMA AGED ABOUT 54 YEARS R/A NO.368, RAJIV GANDHI ROAD, KRISHNARAJAPURAM EXTENSION, BANGALORE 560036

BOTH THE PETITIONERS HEREIN ARE REP. BY POWER OF ATTORNEY HOLDER MR. M. DANANJAY REDDY S/O M.C. PITCHI REDDY AGED ABOUT 46 YEARS PROPRIETARY OF M/S. M.C. BUILDERS HAVING ITS OFFICE AT NO.3131 1ST FLOOR, 6TH MAIN HAL II STAGE, INDIRANAGAR BANGALORE 560038 ... PETITIONERS

(BY SRI K.V. GIRISH, ADV.) AND: 1. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE

J.C. ROAD, N.R. SQUARE BANGALORE-02

2. JOINT DIRECTOR

(TOWN PLANNING-NORTH)

64

N.R. SQUARE, BBMP BANGALORE 560002 ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE RESPONDENT NO.1 AT ANNEXURE-A AND ETC.

W.P.Nos.3886-87/2013

BETWEEN: SRI BALAKRISHNA MANKANI S/O LAKSHMANDAS MANKANI AGED ABOUT 51 YEARS NO.31, CUBBON ROAD BANGALORE-01 ... PETITIONER

(BY SRI DAYANANDA K.G, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-560001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002



(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH IMPUGNED NOTICE DT.8.1.2013 VIDE ANNX-A1 & NOTICE DT.4.9.2012 VIDE ANNX-A2 ISSUED BY R-3 AS ILLEGAL AND ETC.

65

W.P.No.3888/2013

BETWEEN: M/S INDIA BREWERY & DISTILLERY PVT. LTD., NO.872/F, MICHEL PALYA ROAD, NEW TIPPASANDRA POST, BANGALORE-75 REP. BY ITS MANAGING DIRECTOR BALAKRISHNA MANKANI S/O LAKSHMANDAS MANKANI AGED ABOUT 51 YEARS, R/AT NO.31, CUBBON ROAD, BANGALORE-01 ... PETITIONER

(BY SRI DAYANANDA K.G, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001

2. THE COMMISSIONER



BBMP MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DT.27.11.2012 VIDE ANX-A ISSUED BY R-3 AND ETC.

W.P.No.4598/2013 BETWEEN: M/S SATYA HERITAGE HOMES A REGISTERED PARTNERSHIP FIRM, AT NO. G-12, NAVEEN APARTMENTS,

66

13TH MAIN, VASANTHNAGAR, BANGALORE-560 009, REP.BY ITS PARTNER, MR.SAHIN KAMATH, S/O SRI.GANAPATHI N.KAMATH. ... PETITIONER

(BY SRI S MAHESH, ADV. FOR M/S. MAHESH & CO.,) AND:

1. THE COMMISSIONER, BBMP, J.C.ROAD, N.R.SQUARE, BANGALORE NORTH, BANGALORE-02.

2. THE ASSISTANT REVENUE OFFICER

BRUHATH BENGALURU MAHANAGARA PALIKE, YELAHANKA SUB-DIVISION, BANGALORE NORTH, BANGALORE-02. ... RESPONDENTS

(BY SRI G M CHANDRASHEKAR, ADV. FOR R1 & 2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY R1 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED ENDORSEMENT UNDER ANNX-A DATED 4.12.12 PASSED BY R2 AND ETC.


1. SRI SHANKARAPPA S/O LATE APPAYANNA AGED ABOUT 67 YEARS R/A NO.182, OUTER CIRCLE WHITEFIELD, BANGALORE-66

2. SRI M SHIVAPPA

S/O LATE MARAPPA AGED ABOUT 77 YEARS R/A CHANNASANDRA VILLAGE BIDARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE-560067 ... PETITIONERS

67

(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-560001

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH, BANGALORE-560002

3. THE ASSISTANT COMMISSIONER TOWN PLANNING, MAHADEVAPURA(DIVSN) BURHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRYAING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DT.28.9.2012 PASSED BY R-2 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNX-A DT.5.1.2013 PASSED BY R-3 AND ETC.

W.P.No.4606/2013

BETWEEN: SRI POORNACHANDRA RAO KOLAPALLI S/O SITARAMAIAH AGED ABOUT 65 YEARS RESIDING AT FLAT NO.61,62 AYODHYA NAGAR COLONY, A S RAO NAGAR, ADJACENT TO SHARADA TALKIS SECUNDERABAD-500062 ... PETITIONER

68

(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE J C ROAD, N R SQUARE BANGALORE SOUTH BANGALORE-560002

3. THE ASSISTANT DIRECTOR

TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DATED 28.9.12 PASSED BY R2 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- P.S.M AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 5.11.12 PASSED BY R3 AND ETC.

W.P.NO.4607/2013

BETWEEN: SRI GOVARDHANACHARY S/O LAXMANA CARY AGED ABOUT 44 YEARS R/AT NO.737, VIMALA COMPLEX KAGGADASAPURA MAIN ROAD C V RAMAN NAGAR POST BANGALORE-560093 ... PETITIONER

(BY SRI S V MANJUNATHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES)

69

AND:

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560001

2. THE COMMISSIONER



TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR VIDE ANNX-E DT.28.9.2012 PASSED BY R-2 IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNX-A DT.7.11.11 PASSED BY R-3 AND ETC.

W.P.No.4720/2013

BETWEEN: M/S RAJA HOUSING LTD., F-2, RAJALAKSHMI NO.12, BASAPPA ROAD SHANTHINAGAR BANGALORE 560 027 REP. BY MANAGING DIRECTOR AND CHAIRMAN MR. RAJA SUCHINDRA AGED ABOUT 46 YEARS ... PETITIONER

(BY SRI UDAY HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY)

70

AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANASOUDHA BANGALORE 560 001 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE, BANGALORE-02


BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560083

4. ASSISTANT REVENUE OFFICER

BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560083

5. ASSISTANT DIRECTOR

TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLY ZONE BANGALORE 560083 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2- 5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 17.1.2013, DATED 17.1.2013 ISSUED BY THE 4TH RESPONDENT DIRECTING THE PETITIOENRS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANNEXURE-B.

W.P.No.4748/2013

BETWEEN: SGR BUILDTECH PVT. LTD., (FORMERLY KNOWN AS M/S. SGR DEVELOPERS PVT. LTD.,) COMPANY REGISTERED UNDER

71

THE INDIAN COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT G.R.PLAZA, FIRST FLOOR, NO.142, D.V.G. ROAD, BASAVANAGUDI, BANGALORE-560 004. REP. BY ITS DIRECTOR, SRI C.R.GOPALAKRISHNA ... PETITIONER

(BY SRI T P VIVEKANANDA, ADV.) AND:

1. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP. BY ITS COMMISSIONER.


TOWN PLANNING (SOUTH), OFICE OF THE JOINT DIRECTOR OF TOWN PLANNING, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

3. STATE OF KARNATAKA

DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001, REP. BY ITS SECRETARY. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-K; QUASH THE ENDORSEMENT DATED 4.1.13 AT ANNX-F ISSUED BY R2 AND ETC.

W.P.No.4761/2013

BETWEEN: SRI C N KRISHNAMURTHY S/O NARAYANA GOWDA AGED ABOUT 53 YERS

72

R/A CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK BANGALORE REP. BY HIS GPA HOLDER SRI B BALAKRISHNAREDDY AGED ABOUT 42 YEARS PARTNER OF ISHA INFRA PROJECTS SY NO.99/5, 98/1, 99/4 PANTHURU VILLAGE VARTHURU HOBLI BANGALORE EAST TALUK BANGALORE. ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND:


2. THE COMMISSIONER

BURHAT BANGALORE MAHANGARA PALIKE N R CIRCLE, BANGALORE-560002

3. THE ASSISTANT/DEPUTY DIRECTOR

TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-48 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-D & THE IMPUGNED ENDORSEMENT DT.5.11.12 ISSUED BY THE R3, THE ASST./ DEPUTY DIRECTOR TOWN PLANNING BBMP, MAHADEVAPURA DIVISION BEST BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-E AND ETC.

73

W.P.No.4763/2013

BETWEEN: SRI KRISHNAPRASAD MIKKILINENI S/O SATHYANARAYANA MURTHY, AGED ABOUT 56 YEARS, R/AT NO.63, 5TH CROSS, CENTRAL EXCISE LAYOUT, BHOOPASANDRA, BANGALORE-560094. ... PETITIONER

(BY SRI T NAGARAJA, ADV.) AND :





BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE R2 VIDE ANEXURE-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 18.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC.

W.P.Nos.5393/2013 & 7091-94/2013

1. MR. N NAVEEN S/O MR. N NAGARAJA REDDY AGED ABOUT 32 YEARS

74

2. MR N PRAMODE S/O MR N NAGARAJA REDDY AGED ABOUT 30 YEARS BOTH R/AT NO 290 4TH MAIN, I BLOCK KORAMANGALA BANGALORE 560 034

3. M/S. N D DEVELOPERS PRIVATE LIMITED

HAVING IT SOFFICE AT NO 398, 2ND FLOOR, 7TH CROSS, MICO LAYOUT, BTM 2ND STAGE, BANGALORE- 560076 REP. BY ITS MANAGING DIRECTOR MR. M K DURANI ... PETITIONERS

(BY M/S. KAMAL & BHANU, ADVS.) AND:

1. THE GOVERNMENT OF KARNATAKA BY ITS CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT MULTI STORIED BUILDING BANGALORE- 560 001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002

3. THE JOINT DIRECTOR

TOWN PLANNING (SOUTH) BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002


BEGUR SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2- 4)

75

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS & AFTER GOING THROUGH THE LEGALITY, PROPRIETARY OR OTHERWISE OF THE SAME & QUASH THE CIRCULAR ISSUED BY THE R1, AS PER ANN-H DT.28.9.12 AND ETC.

W.P.Nos.5854-55/2013

BETWEEN:

1. B.N. SUSHELAMMA W/O LATE RANGAPPA AGED ABOUT 57 YEARS R/O NO.1006, B.B. ROAD C/O D.P. NANAPPA BLOCK YELAHANKA, BANGALORE-91 REP. BY ITS GPA HOLDER M/S. FORTUNA BUILDCON INDIA PRIVATE LIMITED REP. BY ITS CHAIRMAN, MANAGING DIRECTOR, MR. S.V. NARESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 43 YEARS DIRECTOR- MR. SAILESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 38 YEARS

2. M/S. FORTUNA BUILDCON INDIA

PRIVATE LIMITED NO.212, 4TH FLOOR, BELLARY ROAD SADASHIVA NAGAR ABOVE HERO HONDA SHOW ROOM BANGALORE 560080 REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MR. S.V. NARESH KUMAR S/O LATE SRIRAMALU AGED ABOUT 43 YEARS ... PETITIONERS

(BY SRI UDAYA HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANASOUDHA,

76

BANGALORE 560001 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-02


BEGUR BRANCH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560034


BEGUR BRANCH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560034


TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLY ZONE BANGALORE 560034 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-5)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A AND QUASH THE ENDORSEMENT DT.17.1.13, ISSUED BY THE R4, DIRECTING THE PETITIONERS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANN-B AND ETC.

W.P.No.5866/2013

BETWEEN: SRI G M RAMA REDDY S/O V MUNISHAMI REDDY AGED ABOUT 66 YEARS R/O GUNJUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE 560087,

77

REP. BY HIS GPA HOLDER M/S. VAHE PROJECTS PRIVATE LIMITED, A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, REGISTERED OFFICE AT SY NO 29/1, 3RD CROSS, NARAYANAPPA LAYOUT, BEHIND VARTHUR HIGH SCHOOL VARTHUR, BANGALORE 560087 BY ITS DIRECTOR SRI S SUDHAKAR ... PETITIONER


1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560 002 REP. BY ITS COMMISSIONER

2. THE DEPUTY COMMISSIONER

MAHADEVAPURA ZONE, BRUHAT BANGALORE MAHANAGARAPALIKE, MAHADEVAPURA BANGALORE 560048


DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRTARY ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-H AND ETC.

W.P.No.5867/2013 BETWEEN: SMT. N JYOTHI AGED ABOUT 51 YEARS, W/O SRI.R.NARAYANASWAMY, R/AT NO.34, 2ND CROSS,

78

515, ABW COLONY, HAL 3RD STAGE, BANGALORE-560 075. ... PETITIONER


1. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002, REP.BY ITS COMMISSIONER.


MAHADEVAPURA ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA, BANGALORE-560 048.


DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001, REP.BY ITS SECRETARY. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R1 AT ANN-H AND ETC.

W.P.No.5936/2013 BETWEEN: SRI MUNIYAPPA S/O MUNIANJANAPPA AGED ABOUT 67 YEARS R/AT VARTHURU VILLAGE VARTHURU HOBLI BANGALORE EAST TALUK BANGALORE REP. BY HIS GPA HOLDER SRI CHENNAM RANGASWAMY S/O C RANGAIAH AGED ABOUT 35 YEARS

79

MANAGING DIRECTOR OF M/S BRL VENTURIES PVT LTD NO. 602/A, GROUND FLOOR BEML LAYOUT, 6TH STAGE BROOK FIELD BANGALORE-560037 ... PETITIONER



2. THE COMMISSIONER



TOWN PLANNING, BBMP MAHADEVPURA DIVISION MAHADEVPURA, BANGALORE-48 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT IDE ANNEXURE-D AND THE IMPUGNED ENDORSEMENT DATED 29.1.2013 ISSUED BY THIRD RESPONDENT, THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING BBMP, MAHADEVPURA DIVISION, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC. W.P.NO.5937/2013

BETWEEN : M/S BM DEVELOPERS HAVING ITS OFFICE AT NO.405 VANDHANA NEST, FLAT NO.405 NO.14, 7TH CROSS JAKKASANDRA EXTENTION BANGALORE-560034

80

REP. BY ITS MANAGING PARTNER SRI P. GAJENDRA S/O P. MUNISHAMI NAIDU AGED ABOUT 39 YEARS ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :


2. THE COMMISSIONER




(BY SRI N B VISHWANATH, AGA. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 29.1.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC. W.P.NO.5938/2013

BETWEEN : SRI C RAJU S/O LATE CHOURAPPA AGED ABOUT 59 YEARS R/AT MARIYAPPANA PLAY DASARAHALLY, K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONER

(BY SRI T NAGARAJA, ADV.)

81

AND :


2. THE COMMISSIONER



BBMP, BYATARAYANAPURA DIVISION BYATARAYANAPURA BANGALORE-560093 ... RESPONDENTS

(BY SRI N B VISHWANATH, AGA. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 PASSED BY R-2 VIDE ANNX-E & THE IMPUGNED O.M. DT.15.1.2013 ISUED BY R-3 THE ASST. REVENUE OFFICER, BBMP, BYATARAYANAPUR DIVISION, BYATARAYANAPURA, BEST BANGALORE-93 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC. W.P.NO.5939/2013

BETWEEN : SRI C AROKYA SWAY S/O LATE CHOURAPPA AGED ABOUT 55 YEARS R/AT MARIYAPPANA PLAY DASARAHALLY, K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONER



82

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE, BANGALORE-560002


BBMP, BYATARAYANAPURA DIVISION BYATARAYANAPURA BANGALORE-560093 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.15.1.3 ISSUED BY THE R3, THE ASST REVENUE OFFICER, BBMP, BYTARAYANAPUR DIVISION, BYATARAYANAPURA, BEST BANGALORE-93 I.E., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

W.P.Nos. 5975-78/2013

BETWEEN :

1. SRI R.NARAYANA SWAMY AGED ABOUT 69 YEARS S/O LATE RAMAIAH

2. SRI R BASAVARAJU AGED ABOUT 65 YEARS S/O LATE RAMAIAH

3. SRI R ADINARAYANA S/O LATE RAMAIAH AGED ABOUT 60 YEARS

4. SRI R NAGARAJ S/O LATE RAMAIAH AGED ABOUT 58 YEARS ALL R/AT NO.117, BASAVESHWARA NILAYA MUNESHWARA TEMPLE ROAD JAKKUR VILLAGE, YELAHANKA HOBLI BANGALORE 560 064 (REP. BY PARTNER MR NIRAJ MITTAL GPA HOLDER M/S TRISHUL DEVELOPERS)

... PETITIONERS (BY SRI M ARUN PONAPPA, ADV.)

83

AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE 560 002


BANGALORE NORTH BRUHAT BENGALURU MAHANAGARA PALIKE BANGALORE 560 002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-H & QUASH THE CIRCULAR DATED 18.01.12 ISSUED BY THE R3 VIDE ANNX-J.

W.P.NO. 5991/2013

BETWEEN : SRI G V MALLESH AGED ABOUT 45 YEARS S/O LATE VENKATAGIRIYAPPA R/O GUNJUR VILLAGE AND POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE 560087 ... PETITIONER

(BY SRI T P VIVEKANANDA, ADV.) AND :


84


MAHADEVAPURA ZONE BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA BANGALORE 560048


DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 ISSUED BY THE R1, AT ANN-H AND ETC. W.P.Nos.6248-51/2013 & 6471-73/2013

BETWEEN :

1. SRI G LAKSHMAN REDDY AGED 64 YEARS S/O LATE GURAPPA REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087

2. SRI G L HARISH KUMAR

AGED 36 YEARS S/O LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087

3. SRI G L GIRISH KUMAR

AGED 33 YEARS S/O LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087

85

4. SRI G L LOKESH KUMAR AGED 31 YEARS S/O G LAKSHMAN REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087

5. SMT. RADHAMMA

AGED 51 YEARS D/O LATE GURAPPA REDDY W/O H V CHANDRA REDDY R/AT HAROHALLI VILLAE HOSAKOTE TALUK-560087 BANGALORE DISTRICT

6. SMT. SAVITHRAMMA

AGED 71 YEARS D/O LATE GURAPPA REDDY W/O LATE MUNISWAMY R/AT ELUVAPALLI VILLAGE NELLUR POST, HOSUR TALUK KRISHNAGIRI DISTRICT TAMILNADU STATE-540565

7. SRI G SUBRAMANI

AGED 44 YEARS S/O LATE GURAPPA REDDY R/O GUNJUR VILLAGE & POST VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE-560087 PETITIONER NO.7 IS REP. BY HIS GPA HOLDER SRI G N GAJENDRA KUMAR AGED ABOUT 33 YEARS S/O LATE Y NAGARAJ R/AT GUNJUR VILLAGE VARTHUR HOBLI BANGALORE-560087 ... PETITIONERS

(BY SRI T P VIVEKANANDA, ADV.) AND :

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

86


MAHADEVAPURA ZONE BRUHATJ BANGALORE MAHANAGARA PALIKE MAHADEVAPURA BANGALORE-560048


DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R3 SRI B V MURALIDHAR, ADV. FOR R1 & 2)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 VIDE ANNX-H; QUASH THE OFFICE MEMORANDUM DATED 8.1.13 AT ANNX-D ISSUED BY R2 AND ETC.

W.P.NO.6500/2013

BETWEEN :

1. SRI JAYAPPA REDDY S/O LATE VENKATAPPA REDDY AGED ABOUT 69 YEARS

2. SRINATH S/O JAYAPPA REDDY AGED ABOUT 33 YEARS

3. PRABAKARA S/O JAYAPPA REDDY AGED ABOUT 30 YEARS ALL R/A NO.96, 8TH MAIN, BEGUR MAIN ROAD HONGASANDRA VILLAGE BANGALORE SOUTH TALUK BANGALORE DIST.-68 ... PETITIONERS

(BY SRI H N M PRASAD & SRI R MOHAN KUMAR, ADVS.)

87

AND :

1. THE STATE OF KARNATAKA URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE 560001 REP. BY ITS SECRETARY

2. THE BRUHATH BANGALORE

MAHANAGAR PALIKE BANGALORE REP. BY ITS COMMISSIONER


BANGALORE EAST BRUHATH BANGALORE MAHANAGAR PALIKE BANGALORE -01

4. REVENUE OFFICER

BEGUR SUB DIVISION B.B.M.P., BANGALORE-68 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ENDORSEMENT DT.22.1.13 ISSUED BY THE R4, AT ANN-F & QUASH THE CIRCULAR DT.28.9.12, ISSUED BY THE R2 AT ANN-G AND ETC. W.P.NO.6884/2013

BETWEEN : N. JANARDHANA MENON S/O MADHAVA KARTHA, AGED ABOUT 75 YEARS, OCC:BUSINESS, R/O CHIKKA BELLANDUR VILLAGE, VARTHUR-HOBALI, BANGALORE EAST TALUK. ... PETITIONER

(BY SRI UDAYKUMAR P, ADV.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA,

88

BY ITS SECRETARY, VIDHANASOUDHA, BANGALORE-1.

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560002.


MAHADEVAPURA VALAYA, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560002. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.8.12 VIDE ANNX-A PASSED BY THE R2 & QUASH THE DEMAND NOTICE DATED 5.2.13 ISSUED BY R3 VIDE ANNX-B.

W.P.Nos.6907-908/2013

BETWEEN:

1. SMT. SHARADA W/O SRI L E RAMA MURTHY AGED ABOUT 47 YEARS

2. SRI R PUNITH S/O L E RAMA MURTHY AGED ABOUT 26 YEARS BOTH ARE R/A NO.984, 7TH CROSS, BSK I STAGE, II BLOCK BANGALORE-560050 ... PETITIONERS

(BY SRI B PRAMOD & SRI G V SUDHAKAR, ADVS.) AND :

1. THE STATE OF KARNATAKA THE URBAN DEVELOPMENT AUTHORITY VIDHANASOUDHA BANGALORE-560001

89

2. BRUHAT BANGALORE

MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER


BEGUR SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560098 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-A IN SO FAR THE PETITIONERS ARE CONCERNED AND ENDORSEMENT DATED31.1.13 VIDE ANNX-B ISSUED BY R3 AND ETC.

W.P.No.6964/2013

BETWEEN : GAFFER BAIG S/O LATE ABDULLA BAIG AGED ABOUT 41 YEARS R/A NO.180 GANDHIPURAM, WHITEFIELD BANGALORE-560066 (REP. BY ITS GPA HOLDER) M/S PRESTIGE ESTATE PROJECTS PRIVATE LIMITED OFFICE AT MAIN GUARD CROSS ROAD BANGALORE-560001 REP. BY ITS EXECTIVE DIRECTOR LEGAL SHRI ARVIND PAI ... PETITIONER

(BY M/S TOMY SEBASTIAN ASSOCIATES, ADVS.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY

90

VIDHANA SOUDHA BANGALORE-560001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002

3. THE ASSISTANT DIRECTOR,

TOWN PLANNING BBMP, MAHADEVAPURA ZONE BANGALORE-560048 ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR ISSUED BY BBMP COMMISSIONER DATED 28.9.2012 VIDE ANNEXURE-B & QUASH THE DEMAND NOTICE DATED 5.11.2012 ISSUED BY THE RESPONDENT NO.3 IN THE CIRCULAR VIDE ANNEXURE-C.

W.P.NO.6965/2013 BETWEEN : M/S. PRESTIGE ESTATE PROJECTS PVT. LTD., OFFICE AT MAIN GUARD CROSS ROAD BANGALORE-560001 REP. BY ITS EXECUTIVE DIRECTOR LEGAL SHRI ARVIND PAI ... PETITIONER

(BY MS. MELANIE SEBASTIAN, ADV. FOR M/S TOMY SEBASTIAN ASSOCIATES) AND :

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

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002

91

3. THE ASSISTANT DIRECTOR TOWN PLANNING BBMP, MAHADEVAPURA ZONE BANGALORE-560048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-B & QUASH THE DEMAND NOTICE DATED 5.3.2011 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C.

W.P.Nos.7032-35/2013 BETWEEN :

1. SRI FRANACIS SAMRAJ AGED ABOUT 37 YEARS, S/O C.P. SELVARAJ, R/AT NO.30, HBR LAYOUT, RING ROAD, KALYANANAGARA POST BANGALORE-43

2. SRI. S. DEVARAJ AGED ABOUT 49 YEARS, S/O LATE SUBBANNA,

3. SRI S. SAMPANGIRAMU AGED ABOUT 49 YEARS, S/O LATE SUBBANNA,

4. SRI RAMEGOWDA AGED ABOUT 44 YEARS, S/O VENKATAPPA, PETITIONERS NO.2 TO 4 ARE R/O NAGARESHWARA NAGENAHALLY, KR PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE ... PETITIONERS



92

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE

3. THE JOINT/DEPUTY COMMISSIOENR

BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 1.2.13 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DVN. BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

W.P.Nos.7059-60/2013

BETWEEN :

1. MR. B. GOVARDHANA CHARY S/O M LAXMANA CHARY AGED ABOUT 44 YEARS

2. MRS B ARUNA W/O B GOVARDHANA CHARY AGED ABOUT 37 YEARS BOTH ARE R/AT NO.40/2 AND 41 THUBARAHALLI VARTHUR HOBLI BANGALORE-560103 ... PETITIONERS

(BY SRI SUNDAR RAJ, ADV.) AND :

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA BANGALORE-01 REP. BY ITS SECRETARY

93

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002


BBMP MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE-560048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE NOTICE DATED 5.10.12 VIDE ANNX-C ISSUED BY R3 AND ETC.

W.P.Nos.7061-63/2013

BETWEEN :

1. MR. ARAKERAPPA S/O LATE MUNIVENKATAPPA AND MRS. MUNITHAYAMMA AGED ABOUT 43 YEARS,

2. MR HARISHA S/O LAT MUNIVENKATAPPA AND MRS.MUNITHAYAMMA AGED ABOUT 30 YEARS, BOTH ARE R/AT BALAGERE VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE-560103. REP. BY THIR G.P.A HOLDER:

3. MR B GOVARDHANA CHARY

S/O MR.LAXMANA CHARY, AGED ABOUT 44 YEARS, MANAGING PARTNERS, M/S BSS BUILDERS AND PROMOTERS, A PARTNERSHIP FIRM HAVING ITS OFFICE AT NO.44/10, BALAGERE VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE 560103. ... PETITIONERS

(BY SRI SUNDAR RAJ, ADV.)

94

AND :

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BANGALORE-01, REP. BY ITS SECRETARY.

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002


BBMP MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE NOTICE DATED 5.10.2012 VIDE ANNEXURE-C ISSUED BY THE 3RD RESPONDENT AND ETC.

W.P.NO.7315/2013

BETWEEN: M/S SKYLARK MANSIONS (P) LTD., HAVING ITS OFFICE AT SKYLARK CHAMBERS, NO.37/21, YELLAPPA CHETTY LAYOUT, ULSOOR ROAD, BANGALORE-560 042. REP.BY ITS DIRCTOR, MR.SALEEM SHARIF, S/O MOHAMMED SHARIF, AGED ABOUT 53 YEARS … PETITIONER

(BY SRI S V MANJUNATH, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND :

1. THE CHIEF SECRETARY STATE OF KRANATAKA

95

VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560001.

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH BANGALORE-560002.

3. THE ASSISTANT DIRECTOR,

TOWN PLANNING MAHADEVAPURA (DIVISION), BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560048. .. . RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-E DATED 28.9.12 PASSED BY THE R2 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- PER SQ. METER AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 4.2.13 PASSED BY THE R3 AND ETC.

W.P.Nos.7317-318/2013

BETWEEN :

1. SRI NARASIMHA MURTHY S/O LATE SHANBOG A. KRISHNAMURTHY RAO AGED ABOUT 51 YEARS

2. SRI B.K. RAMA PRASAD S/O LATE SHANBOG A. KRISHNAMURTHY RAO AGED ABOUT 44 YEARS BOTH ARE R/AT NO.60 BELLANDUR VILLAGE & POST, VARTHUR HOBLI, BANGALORE EAST BANGALORE 560087 ... PETITIONERS

(BY SRI S V MANJUNATH, ADV. FOR M/S. NISARGA LAW ASSOCIATES)

96

AND :

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE 560001

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE J.C. ROAD, N.R. SQUARE, BANGALORE SOUTH, BANGALORE 560002


TOWN PLANNING, MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR VIDE ANNEXURE-E DATED 28.9.2012 PASSED BY THE 2ND ESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNEXURE-A DATED 15.1.2013 PASSED BY THE 3RD RESPONDENT AND ETC.

W.P.Nos.7891/2013 & 8980-81/2013

BETWEEN: M/S VIDYA SHILP INDIA PVT LTD. NO.42/3, SHIVANAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560064 REP. BY ITS AUTHORISED SIGNATORY SRI RAVINDRA VITHANI ... PETITIONER

(BY SRI SURAJ GOVINDRA RAJ, ADV. FOR M/S. ANUP S SHAH LAW FIRM)

97

AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01

2. BHARATH BANGALORE MAHANAGARA PALIKE

HAVING ITS OFFICE AT N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER


YELAHANKA SUB ZONE BRUHAT BANGALORE MAHANAGARA PALIKE YELAHANKA, BANGALORE-64 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-B ISSUED BY R-2 & QUASH THE DEMAND NOTICE DT.9.1.2013 ISSUED BY R-3 THE ASSISTANT REVENUE OFFICER, YELAHANKA SUB-ZONE, BBMP, YELAHANKA AT ANNX-A AND ETC.

W.P.Nos.7895-98/2013

BETWEEN :

1. SRI. H.B. RAMURTHY S/O LATE H K BYRAPPA AGED ABOUT 30 YEARS

2. SRI H B SANDEEP S/O LATE H K BYRAPPA AGED ABOUT 28 YEARS

3. SRI H B ANANDH S/O LATE H K BYRAPPA AGED ABOUT 26 YEARS

4. SRI H K ANJINAPPA S/O LATE H K BYRAPPA AGED ABOUT 30 YEARS

98

ALL ARE R/O HGADURU VILLAGE K R PURAM HOBLI BANGALORE EAST TALUK BANGALORE ... PETITIONERS



2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE BANGALORE-560002


BBMP, MAHADEVAPURA DIVISION MAHADEVPURA BANGALORE-560048 …. RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRODUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.29.11.12, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, i.e. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

W.P.Nos.7900-902/2013 BETWEEN :

1. SMT. RATHNAMMA AGED ABOUT 79 YEARS W/O LATE C GIRIRAJA GOWDA R/AT CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK

2. SRI CHANNAKESHAVA

AGED ABOUT 61 YEARS

99

S/O LATE C GIRIRAJA GOWDA NO.889, 1ST BOCK, 1ST CROSS RAMAKRISHNANAGAR MYSORE 570022

3. SRI C CHINNASWAMY

AGED ABOUT 59 YEARS S/O LATE C GIRIRAJA GOWDA R/AT NO.705, HMT LAYOUT, V B NAGAR, RT NAGAR POST BANGALORE 560032 RPTED BY THEIR GPA HOLDER SRI BALAKRISHNAREDDY AGED ABOUT 44 YEARS S/O B RAGHUNATHA REDDY MANAGING PARTNER OF ISHA INFRASTRUCTURE PANATHURU VILLAGE PANATHURU RAILWAY STATION ROAD, VARTHUR HOBLI BANGALORE EAST TALUK ... PETITIONERS



2. THE COMMISSIONER


3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 ... RESPONDENTS


THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED

100

OFFICE MEMORANDUM DATED 8.2.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 I.E. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC.

W.P.NO.7904/2013

BETWEEN : SMT. SHAKUNTHALAMMA AGED ABOUT 45 YEARS W/O LATE ASHVATHAIAH R/AT KAITHOTADA ROAD NGONDANAHALLY IMMADIHALLY POST VRTHURU HOBLI BANGALORE EAST TALUK ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :


2. THE COMMISSIONER





THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 28.1.13 ISSUED BY R3 THE JOINT/DY COMMISSIONER, BBMP, MAHADEVPURA DVN. BEST, BANGALORE IE. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

101

W.P.NO.7905/2013

BETWEEN : SMT. MUNIYAMMA W/O LATE C RAME GOWDA AGED ABOUT 67 YEARS R/A CHANNASANDRA VILLAGE BIDARAHALLY HOBLI BANGALORE EAST TALUK ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :


2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE-560002




THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRUDUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.08.02.2013, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, I.E. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

W.P.NO.7906/2013

BETWEEN : SRI. MOTAPPA S/O LATE K.MUNISHAMAPPA, AGED ABOUT 65 YEARS,

102

R/AT NO.22, 18TH MAIN ROAD, KAKAYAPPA HOUSE, KODIHALLY, BANGALAORE-560008. ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND :


2. THE COMMISSIONER



BBMP, TOWN PLANNING, MAHADEVPURA DIVISION, MAHDEVPURA, BANGALORE-560048. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT 28.9.12 PASSED BY R2 VIDE ANNX-D AND THE IMPUGNED ENDORSEMENT DATED 1.2.13 ISSUED BY R3-THE ASST./DY DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVN BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-E AND ETC.

W.P.Nos.7925-26/2013 & 8001-03/2013

BETWEEN :

1. H R RAJASHEKAR S/O LATE H RAMAIAH REDDY AGED ABOUT 55 YEARS R/A NO.310, 6TH MAIN HAL II STAGE BANGALORE-560038

2. LASKHMI DEVI

W/O SRI VENKATASWAMY

103

AGED ABOUT 61 YEARS R/A 003, CALDRA BLOCK ELAN HOMES, KAIKONDARAHALLI SARJAPUR ROAD BANGALORE-560035

3. KANTHAMMA CHANDRASHEKHAR

W/O N CHANDRASHEKHAR AGED ABOUT 53 YEARS R/A NO.1146, 22ND CROSS 23RD MAIN, II SECTOR, H S R LAYOUT BANGALORE-560102

4. H R RANI REDDY

W/O LATE M V RAVIKUMAR AGED ABOUT 51 YEARS R/A NO.1288, 32ND E CROSS 26TH MAIN, 4TH T BLOCK, JAYANAGAR BANGALORE-560041

5. SHAMALA RAJAGOPAL W/O S N RAJAGOPAL AGED ABOUT 49 YEARS R/A NO.24, MCINTOSH ROAD EAST LACRESENT, MN 35947, USA REP. HEREIN BY GPA HOLDER KANTHAMMA CHANDRASHEKHAR ... PETITIONERS

(BY SRI R V S NAIK, ADV. FOR M/S KING & PARTRIDGE) AND :

1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002 REP. BY THE COMMISSIONER

2. THE JOINT COMMISSIONER

MAHADEVAPURA CIRCLE BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS

(BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED CIRCULAR DT.28.9.12, ISSUED BY THE R1, VIDE AN-B AND ETC.

104

W.P.NO.7997/2013

BETWEEN :

1. M/S PRISHA PROPERTIES INDIA PVT. LTD., NO. 820, 80 FEET ROAD 8TH BLOCK, KORAMANGALA BANGALORE-560095 REP. BY ITS DIRECTOR SRI C D SANJAY RAJ

2. MS. M N NEETHA

D/O MUNINAGA REDDY @ M N REDDY AGED 28 YEARS, KHATHADHAR # 9/34/2, CHOKNAHALLI VILLAGE WARD NO. 05, YELAHANKA DIVISION BANGALORE REP. BY THE GPA HOLDER SRI C D SANJAY RAJ OF M/S PRISHA PROPERTIES INDIA PVT. LTD.,

... PETITIONERS (BY SRI SHIVAPRABHU S HIREMATH, ADV.) AND :

1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA BANGALORE-560001

2. BRUHAT BANGALORE MAHANAGARA PALIKE

BY ITS COMMISSIONER N R SQUARE BANGALORE-560002

3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560020 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO

105

QUASH THE CIRCULAR DT.28.9.2012 ISSUED BY R-2 VIDE ANNX-A & QUASH THE DEMAND NOTICE DT.4.2.2013 ISSUED BY R-3 VIDE ANNX-B AND ETC.

W.P.NO.8101/2013

BETWEEN : M/S TRISHUL BUILDTECH AND INFRASTRUCTURE PVT. LTD., REP. BY ITS MANAGING DIRECTOR, SHRI.K.PRAKASH SHETTY, HAVING ITS REGISTERED OFFICE AT NO.9, ASHA, ALI ASKER ROAD, OPP. CUNNINGHAM ROAD, BANGALORE-560 052. ... PETITIONER

(BY MS. MELANIE SEBASTIAN, ADV.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.


BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

3. THE JOINT DIRECTOR,

TOWN PLANNING-NORTH, BBMP,YELAHANKA RANGE, BANGALORE-64. ... RESPONDENTS


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR ISSUED BY BBMP COMMISSIONER DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 3.1.2013 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B.

106

W.P.Nos.8102/2013 & 8583-85/2013

BETWEEN : M/S GOLDFINCH HOTELS PVT. LTD., REP. BY ITS DIRECTOR SHRI K PRAKASH SHETTY HAVING ITS REGISTERED OFFICE AT NO.32/3, CRESCENT ROAD HIGH GROUDS BANGALORE-560001 ... PETITIONER

(BY MS. MELANIE SEBASTIAN, ADV. FOR M/S. TOMY SEBSTAIN ASSTS.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02

3. THE JOINT DIRECTOR,

TOWN PLANNING NORTH BBMP, YELAHANKA RANGE BANGALORE-64 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANN-A & QUASH THE DEMAND NOTICE DATED 2.1.2013 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B.

W.P.Nos.8208-209/2013

BETWEEN :

1. MR. K.V. RAMANA REDDY S/O SRI K. NARAYANA REDDY AGED ABOUT 54 YEARS R/AT NO.A-4, FORTUNA SERENITY

107

6TH “D” CROSS KAGGADASAPURA MAIN ROAD C.V. RAMAN NAGAR POST BANGALORE 560093

2. MR. CH. BALAKRISHNA REDDY

S/SRI. VIJAYAKUMAR REDDY AGED ABOUT 36 YEARS R/AT N:T-6 D BLOCK GAYATRI OCEAN BLUE KUNDANAHALLI GATE BANGALORE – 560048 …PETITIONERS

(BY SRI SUNDAR RAJ, ADV.) AND :

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE02

3. THE JOINT / DEPUTY COMMISSIONER

BBMP HOODI SUB-DIVISION MAHADEVPURA BANGALORE – 560048 …RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE ENDORSEMENT DATED 4.2.13 VIDE ANNX-C ISSUED BY R3 & DIRECT THE R3 NOT TO INSIST/DEMAND THE PETITIONER FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONER IN VIEW OF ANNX-C.

W.P.Nos.8276-77/2013 BETWEEN :

1. N YOGANANDA AGED ABOUT 44 YEARS, S/O.LATE R.NANJUNDAPPA,

108

R/AT 18/1, YEMALUR, NEAR HAL, BANGALORE-560037.

2. SMT. KANTHAMMA

AGED 67 YEARS, W/O.PATTABHIRAMA REDDY, R/AT YEMALUR, 4TH CROSS, REDDY COLONY, BANGALORE-560037. …PETITIONERS

(BY SRI B N ANANTHA NARAYANA & SRI CHINNAPPA GOWDA, ADVS.) AND :

1. STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, ANNEXURE-II, DR.AMBEDKAR VEEDHI, K.R.CIRCLE, BANGALORE-560002, REP. BY ITS COMMISSIONER.

2. BRUHATH BANGALORE

MAHANAGARA PALIKE HAVING ITS OFFICE AT N.R.SQUARE, BANGALORE-560002 REP. BY ITS COMMISSIONER


(REVENUE), BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQURE, BANGALORE-560004.


BRUHATH BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA ZONE BANGALORE-560048. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 -4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-G ISSUED BY R-2 & QUASH THE DEMAND NOTICES DT.5.2.2013 & DT.21.11.2012 ISSUED BY R-4 THE DY. COMMISSIONER,

109

BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA ZONE, BANGALORE AT ANNX-E & F AND ETC.

W.P.NO.8390/2013

BETWEEN : SMT. MUNIYAMMA W/O MALIYAPPA AGED ABOUT 72 YEARS R/AT PATTANDURU AGRAHARA VILLAGE MAHADEVPURA WARD NO.18 KR PURAM HOBLI BANGALORE EAST TALUK BANGALORE – 560066 ... PETITIONER


1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA BANGALORE – 560001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N.R. CIRCLE, BANGALORE – 560002

3. THE / DEPUTY COMMISSIONER

BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE – 560048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI S M PRASHANTHCHANDRA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.12 PASSED BY THE R2 PRUDUCED AT ANN-E, & THE IMPUGNED OFFICE MEMORANDUM DT.07.02.13, ISSUED BY THE R3, THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVAPURA DIVISION BEST, BANGALORE-48, I.E. IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

110

W.P.Nos.8422/2013 & 8461/2013

BETWEEN:

1. MUNIYAPPA D NAVEEN S/O DODDATHAMMAIAH, AGED ABOAUT 42 YEARS,

2. SMT.SUGANA W/O MUNIYAPPA D NAVEEN, AGED ABOUT 34 HYEARS, BOTH ARE R/AT NO.327, KALKERE VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK-36. ... PETITIONERS

(BY SRI L HARISH KUMAR, ADV.) AND :

1. THE URBAN DEVELOPMENT AUTHORITY BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.

2. THE COMMISSIONER,

BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

3. THE ASSISTANT COMMISSIONER

MAHADEVAPURA RANGE, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 048. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI S M PRASHANTHCHANDRA, ADV. FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANN-A AND ETC.

111

W.P.NO.8857/2013

BETWEEN : SRI T.K.KEMPARAJU S/O LATE KRISHNAPPA, AGED ABOUT 48 YEARS, NO.846, 6TH MAIN ROAD, L.N.COLONY, BANGALORE-22. ... PETITIONER

(BY SRI RAGHUNATH C M, ADV.) AND :

1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S.BUILDING, BANGALORE-01. BY ITS SECRETARY.

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560002.


DASARAHALLI ZONE, BBMP, BANGALORE-57.

4. THE ASST. REVENUE OFFICER

SHETTIHALLI SUB DIVISION, BBMP, BANGALORE-57. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 TO R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 2.1.13 ISSUED BY THE R4 VIDE ANNX-B.

W.P.Nos.8986-87/2013

BETWEEN : SMT. KAMALAVENI W/O MUNISWAMY, AGED ABOUT 61 YEARS,

112

R/AT NO.20/2-1, ANJANEYA TEMPLE ROAD, YELAGUNDAPALYAM, BANGALORE-47. ... PETITIONER

(BY SRI VENUGOPAL M S, ADV.) AND :

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

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.


H.S.R.SUB-DIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-68. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-F AND THE ENDORSEMENT DATED 7.2.13 ISSUED BY R3 VIDE ANNX-E & DIRECT THE R3 NOT TO INSIST FOR PAYMENT OF DEVELOPMENT CHARGES FOR ISSUANCE OF SANCTION PLAN.

W.P.NO.9250/2013

BETWEEN :

1. P NAGARATHNA AGED ABOUT 62 YEARS W/O KESHAVA REDDY OCC: HOUSE WIFE

113

2. P KESHAVA REDDY S/O LATE BHEEMAPPA AGED ABOUT 69 YEARS OCC: AGRICULTURE

3. B PARVATHI D/O KESHAVA REDDY AGED ABOUT 44 YEARS OCC: HOUSE WIFE

4. B USHA D/O KESHAVA REDDY

AGED ABOUT 42 YEARS OCC: HOUSE WIFE

5. K DHARANI D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE

6. K BHARATHI D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE

7. P SWETHA D/O KESHAVA REDDY AGED ABOUT 38 YEARS OCC: HOUSE WIFE

8. B YERRISWAMY REDDY S/O B LAKSHMANNA AGED ABOUT 60 YEARS OCC: AGRICULTURE

9. B NARASAMMA W/O YERRISWAMY REDDY AGED ABOUT 58 YEARS OCC: HOUSE WIFE

10. B REDDAPPA REDDY S/O B LAKSHMANNA AGED ABOUT 58 YEARS OCC: AGRICULTURE

11. B PARVATHI W/O REDDAPPA REDDY AGED ABOUT 44 YEARS OCC: HOUSE WIFE ALL ARE REP. BY R/O CHIKKA BELLANDUR VILLAGE VARTHUR HOBALI BANGALORE EAST TALUK REP. BY THEIR GPA HOLDER M/S DHRUTHI INFRA PROJECTS LTD., HAVING ITS REGISTERED OFFICE AT LEVEL-II PRESTIGE OMEGA, NO.10,

114

EPIP ZONE, WHITEFIELD, BANGALORE 560 066 REP. BY ITS MANAGING DIRECTOR K. KRISHNAKANTH ... PETITIONERS

(BY SRI M R HIREMATHAD & SRI UDAYKUMAR P, ADVS.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE -01

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560 002


MAHADEVAPURA VALAYA BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE 560 002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-A & QUASH THE DEMAND NOTICE DATED 18.2.13 ISSUED BY THE R3 VIDE ANNX-B.

W.P.Nos.9328-29/2013

BETWEEN : M/S RAJA HOUSING LTD., OFFICE AT F-2, RAJALAKSHMI NO.12, BASAPPA ROAD, SHANTHINAGAR, BANGALORE 560027 REP. BY MANAGING DIRECTOR & CHAIRMAN MR. RAJA SUCHINDRA ... PETITIONER

(BY SRI AMRUTHESH C, ADV.)

115

AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE 560001 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02.


BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-68


BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-68


TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLY ZONE BANGALORE -68 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 15.2.13 ISSUED BY THE R4 DIRECTING THE PETITIONERS TO PAY 550/- P.S.M TOWARDS BETTERMENT TAX VIDE ANNX-B.

W.P.Nos.9330-32/2013

BETWEEN : SRI L BALAKRISHNAMA NAIDU AGED ABOUT 51 YEARS, S/O LATE L. GURAPPA NAIDU, R/AT NO. 1564/A, 29TH CROSS,

116

28TH MAIN, BANASHANKARI II STAGE BANGALORE -70 ... PETITIONER

(BY SRI B S RADHANANDAN & SRI MALLESHA, ADVS.) AND :

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE-01 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE, N.R SQUARE, BANGALORE-02


RAJARAJESWARINAGAR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.


KENGERI BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.


TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE, RAJARAJESWARINAGAR ZONE, BANGALORE. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DT.28.9.2012 VIDE ANNX-A; QUASH THE DEMAND NOTICE DT.11.2.2013 ISSUED BY R-4 DIRECTING THE PETITIONERS TO PAY RS.550/- PER SQ MTR TOWARDS BETTERMENT TAX (VIDE ANNX-B) AND ETC.

117

W.P.Nos.988/2013 & 1844-1932/2013

BETWEEN :

M/S RENAISSANCE HOLDING DEVELOPERS PVT. LTD., HAVING ITS OFFICE AT NO.50, RENAISSANCE LANDMARK, 17TH CROSS, 8TH MAIN, MALLESWARAM, BANGALORE- 560 055 REP. BY ITS AUTHORIZED SIGNATORY, MR. SUDHAMA, VICE-PRESIDENT ... PETITIONER (BY SRI S MAHESH, ADV. FOR M/S MAHESH & CO.) AND : 1. THE DEPUTY COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, J C ROAD, N.R. SQUARE, BANGALORE SOUTH, BANGALORE-06 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, MAHADEVAPUR SUB-DIVISION, BANGALORE-48 …. RESPONDENTS (BY SRI B V MURALIDHAR, ADV. FOR R1 & 2)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE IMPUGNED NOTE DT.12.7.2012 VIDE ANNEXURE-A PASSED BY R-2 IMPOSING IMPROVEMENT CHARAGES OF RS.400/- PER SQUARE METER AND ETC.

W.P.No.1343/2013

BETWEEN : M/S ORCHID LAKEVIEW DEVELOPERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS REGISTERED OFFICE AT UNIT NO.206, BARTON CENTRE, NO.84, M G ROAD, BANGALORE- 560 001

118

REP. BY ITS PARTNER- AUTHORISED SIGNATORY MR. TANMAY TRILOKCHAND AGARWAL ... PETITIONER (BY M/S. ANUP S SHAH LAW FIRM, SRI SURAJ GOVINDRAJ, ADVS.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01 2.BHRUHAT BANGALORE MAHANAGARA PALIKE HAVING ITS OFFICE AT N.R SQUARE BANGALORE- 560 002 REP. BY ITS COMMISSIONER 3.THE ASSISTANT REVENUE OFFICER MARATHHALLI SUB-DIVISION, BANGALORE-37 4.TOWN PLANNING MEMBER HAVING ITS OFFICE AT N R SQUARE, BANGALORE- 560 002 REP. BY ITS JOINT DIRECTOR ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 TO 4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-B AND ETC. W.P.Nos.51821-823/2012 BETWEEN : 1. CHARTERED HOUSING PVT. LTD., 27, VICTORIA ROAD,

BANGALORE- 560 047 REP. BY ITS SENIOR ADMINISTRATIVE MANAGER, MR. LEO LEWIS, S/O LATE ANTHONY LEWIS AGED ABOUT 47 YEARS

119

2. SURYA SMERA VENTHAM D/O LATE V NAGAPRASAD, AGED ABOUT 24 YEARS,

3. EKA VEDANTHAM S/O LATE V NAGAPRASAD, AGED ABOUT 17 YEARS, SINCE MINOR REP. BY HIS NATURAL GUARDIAN & ELDER SISTER SMT SURYA SMERA VENTHAM BOTH ARE R/AT NO.63, REMA SKY VIEW APARTMENTS, 1ST MAIN, K R GARDEN, MURGESHPALYA, BANGALORE- 560 032 ... PETITIONERS

(BY SRI UDAYA HOLLA SR.COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND : 1 THE URBAN DEVELOPMENT DEPARTMENT

GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE- 560 001 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE-02


BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 002


BEGUR BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE- 560 022


TOWN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE,

120

BOMMANAHALLY, BANGALORE- 560 022 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 TO 5)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A; QUASH THE DEMAND NOTICE DATED 15.11.2012 ISSUED BY THE 4TH RESPONDENT DIRECTING THE PETITIOENRS TO PAY RS.550/- PER SQ. MTR. TOWARDS BETTERMENT TAX VIDE ANNEXURE-B AND ETC. W.P.NO.6966/2013 BETWEEN : M/S. PENTADYNE A PARTNERSHIP FIRM HAVING ITS PRINCIPAL PLACE OF BUSINESS AT KSCMF BUILDING, MSB-III, GROUND FLOOR, NO.8, CUNNINGHHAM ROAD, BANGALORE-52 (REP BY ITS GPA HOLDER) M/S PRESTIGE ESTATES PROJECTS LTD., OFFICE AT FALCON HOUSE NO.1, MAIN GUARD CROSS ROAD, BANGALORE-01, REP. BY ITS EXECUTIVE DIRECTOR - LEGAL ... PETITIONER (BY M/S TOMY SEBASTIAN ASSTS, ADVS.) AND : 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE-01 2.THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 3.THE ASSISTANT DIRECTOR TOWN PLANNING,

121

BBMP, MAHADEVAPURA ZONE, BANGALORE-560048 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-B AND ETC. W.P.Nos.6485/2013 & 9620-21/2013 BETWEEN : 1.B K CHANDRE GOWDA S/O LATE P PATEL KEMPANNA AGED ABOUT 60 YEARS 2.SMT GOWRAMMA W/O B K CHANDRE GOWDA AGED ABOUT 53 YEARS 3.B C NARENDRA S/O B K CHANDRE GOWDA AGED ABOUT 26 YEARS 4.MS B C PUNITHA D/O B K CHANDRE GOWDA AGED ABOUT 24 YEARS 5.MUNIRAJA GOWDA S/O LATE P PATEL KEMPANNA AGED ABOUT 58 YEARS 6.SMT. LEELAVATHI W/O B K MUNIRAJA GOWDA AGED ABOUT 50 YEARS 7.B M RAGHAVENDRA S/O B K MUNIRAJA GOWDA AGED ABOUT 26 YEARS 8.MISS CHITRA D/O B K MUNIRAJA GOWDA AGED ABOUT 22 YEARS 9.SUNIL KUMAR S/O B K MUNIRAJA GOWDA AGED ABOUT 18 YEARS

122

10.B K MANJUNATHA S/O LATE P PATEL KEMPANNA AGED ABOUT 46 YEARS 11.SMT PUSHPA W/O B K MANJUNATHA AGED ABOUT 40 YEARS 12.MS. BINDHU M D/O B K MANJUNATHA AGED ABOUT 15 YEARS 13.MS. VANITHA D/O B K MANJUNATHA AGED ABOUT 13 YEARS 14.MS. VINUTHA D/O B K MANJUNATHA AGED ABOUT 11 YEARS PETITIONERS 12, 13, 14 MINORS BEING REP. BY THEIR FATHER AND NATURAL GUARDIAN PETITIONER NO.10 15.B K ANANDA KUMAR S/O LATE P PATEL KEMPANNA AGED ABOUT 43 YEARS 16.SMT LAKSHMAMMA W/O B K ANAND KUMAR AGED ABOUT 36 YEARS 17.MS NISHTHA D/O B K ANAND KUMAR AGED ABOUT 12 YEARS 18.MASTER PUNIT KUMAR S/O B K ANAND KUMAR AGED ABOUT 8 YEARS PETITIONERS 17, 18 MINOR BEING REP. BY THEIR FATHER AND NATURAL GUARDIAN PETITIONER NO.15 19.B K ASHWATHANARAYANA S/O LATE P PATEL KEMPANNA AGED ABOUT 40 YEARS

123

20.SMT. SHOBHA W/O B K ASHWATHANARAYANA AGED ABOUT 34 YEARS 21.MS HARSHITHA D/O B K ASHWATHANARAYANA AGED ABOUT 5 YEARS PETITIONERS 21 MINOR BEING REP. BY HER FATHER AND NATURAL GUARDIAN PETITIONER NO.19 PETITIONERS 1 TO 21 ARE ALL R/A BHOGANAHALLI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE. PETITIONERS 1 TO 21 ARE REP.BY THEIR DULY CONSTITUTED AGENT AND POWER OF ATTORNEY HOLDER DEBONAIR REALTORS PRIVATE LIMITED REP. BY ITS DGM (BUSINESS DEVELOPMENT) MR. ASHWIN SANCHETI 22.M/S DEBONAIR REALOTS PVT. LTD., OFFICE AT NO.7, CHITTARANJAN AVENUE KOLKATA AND ITS BANGALORE OFFICE AT NO.#3, SALARPURIA WINDSOR ULSOOR ROAD, BANGALORE-560042 BY ITS DGM (BUSINESS DEVELOPMENT) MR. ASHWIN SANCHETI ... PETITIONERS (BY SRI G S VENKAT SUBBARAO, ADV.) AND: 1.THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIKASA SOUDHA BANGALORE-560001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002 3.THE JOINT DIRECTOR TOWN PLANNING BANGALORE NORTH BRUHAT BANGALORE

124

MAHANAGARA PALIKE N R SQUARE, BANGALORE-02 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N SUBBAREDDY FOR R2 & 3)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A & QUASH THE DEMAND NOTICE DATED 8.1.2013 ISSUED BY THE 3RD RESPONDENT VIDE ANENXURE-B. W.P.NO.45223/2012 BETWEEN : SRI C GOPALAREDDY AGED ABOUT 67 YEARS, SON OF CHANNAPPAREDDY, R/AT NO.1233, 4TH MAIN, 7TH SECTOR, HSR LAYOUT, BANGALORE-560 102 ... PETITIONER (BY SRI S RAMA MURTHY & SRI S PRASANNA, ADVS.) AND: 1.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE 2.ASSISTANT REVENUE OFFICER BEGUR SUBDIVISION, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 100 ... RESPONDENTS (BY SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 & 2) W.P.Nos.8578/2013 & 9544-45/2013 BETWEEN: 1. H M RAJASHEKAR

S/O MUNIYAPPA AGED ABOUT 60 YEARS

125

RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048

2. H.M. RAMAMURTHY

S/O MUNIYAPPA AGED ABOUT 56 YEARS RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048

3. H.M. CHANDRASHEKAR

S/O MUNIYAPPA AGED ABOUT 54 YEARS RESIDING AT NO.158, 2ND CROSS, HOODI, MAHADEVAPURA POST, BANGALORE – 560 048 ... PETITIONERS

(BY SRI K. V. GIRISH, ADV.) AND:

1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE

J.C.ROAD, N.R. SQUARE, BANGALORE- 560 002

2. JOINT COMMISSIONER MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE – 560 048

3. DEPUTY COMMISSIONER MAHADEVAPURA DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE – 560 048 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R-1 SRI.D.N.NANJUNDA REDDY, SR.COUNSEL FOR SRI.K.N. SUBBAREDDY, ADV. FOR R2-R3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY R1 AT ANNX-A; ENDORSEMENT DATED 17.12.12 ISSUED BY R3 AT ANNX-B

126

TO THE EXTENT OF DEMANDING IMPROVEMENTS EXPENSES AND ETC.

W.P.Nos.9726-27/2013 BETWEEN: M/S MODERN ASSET NO. 23, SANKEY ROAD, LOWER PALACE ORCHARDS, SADASHIVANAGAR, BANGALORE- 560080, REP. BY ITS PARTNER MR. KUNAL.B. S/O SRI H.D. BALAKRISHNE GOWDA, AGED ABOUT 23 YEARS, R/AT NO.12, 80 FEET ROAD, PADMANABHANAGAR, BANGALORE-70 ... PETITIONER

(BY SRI D. L. JAGADEESH, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01.

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-02.


YELAHANKA SUB-DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, YELAHANKA, BANGALORE-64 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO QUASH THE IMPUGNED NOTICE DATED 20.2.2013 VIDE ANNEXURE-C AND ALSO THAT OF THE NOTICE DATED

127

20.2.2013 VIDE ANEXURE-D BOTH ISSUED BY THE 3RD RESPONDENT - THE ASSISTANT REVENUE OFFICER, YELEHANKA SUB DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-560064.

W.P.Nos. 6484/2013 & 9623-24/2013 BETWEEN M/S HARAPARVATI REALTORS PRIVATE LIMITED, A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO.7, CHITRANJAN AVENUE, KOLKATTA AND ITS BANGALORE OFFICE AT NO. # 3, SALARPURIA WINDSOR, ULSOOR ROAD, BANGALORE-560042, BY ITS DGM (BUSINESS DEVELOPMENT) MR.ASHWIN SANCHETI.

... PETITIONER (BY SRI G. S. VENKAT SUBBARAO, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT, GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIKASA SOUDHA, BANGALORE-560001.

2. THE COMMISSIONER BRUHAT BANGALORE

MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560002.

3. THE JOINT DIRECTOR TOWN PLANNING, BANGALORE NORTH, BRUHAT BANGALORE

MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560002.

... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 & 3)

128

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A AND ETC.

W.P.Nos. 10267/2013

BETWEEN:

SRI. V PRAHALDA RAO AGED ABOUT 76 YEARS ADOPTED S/O. SHANBOUGE LINGAPPA R/AT NO.43/43, PADMAGIRI ESTATES SORAHUNASE ROAD VARTHURU BANGALORE 560087. ... PETITIONER

(BY SRI. T. NAGARAJA, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001.

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N. R. CIRCLE, BANGALORE 560 002. 3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION MAHADEVAPURA BANGALORE 560 048. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 20.2.2013 ISSUED BY THIRD RESPONDENT, THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-A AND ETC.

129

W.P.No.10272/2013 BETWEEN: SRI CHIKKAHANUMAIAH S/O LENKAPPA, AGED ABOUT 43 YEARS, R/AT THIRUMENAHALLY VILLAGE, YALAHANKA HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560064. ... PETITIONER (BY SRI S RAJU, ADV.) AND: 1. THE URBAN DEVELOPMENT DEPARTMENT

BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.

2. THE COMMISSIONER


3. THE ASSISTANT REVENUE OFFICER,

BYTARAYANAPURA SUB DN, YALAHANKA DN, BBMP, BANGALORE-560045. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI R SUBRAMANYA, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 PASSSED BY R-2 VIDE ANNX-E & THE IMPUGNED ENDORSEMENT DT.27.11.2012 ISSUED BY R-3 THE ASST. REVENUE OFFICER BYATARANAPURA SUB. DN. YELAHANKA DIVISION, BBMP, BANGALORE NORTH TQ., BANGALORE-45, I.E. THE RECEIPT OF IMPROVEMENT CHARGES ARE HAVING BEEN PAID IS CONCERNED VIDE ANNX-A AND ETC. W.P.No.10265/2013 BETWEEN: SRI M JAYACHANDRA S/O B MUNIVENKATAPPA, AGED ABOUT 58 YEARS,

130

R/AT WHITE FIELD VILLAGE, K R PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE- 560 093 ... PETITIONER (BY SRI T NAGARAJA, ADV.) AND : 1.THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE- 560 001 2.THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE- 560 002 3.THE ASSISTANT/DEPUTY DIRECTOR TOWN PLANNING, BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE- 48 ... RESPONDENTS (BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D AND THE IMPUGNED AN ENDORSEMENT DATED 29.1.2013 ISSUED BY THIRD RESPONDENT, THE ASSISTANT / DEPUTY DIRECTOR, TOWN PLANNING BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-E AND ETC. W.P.Nos.9380-82/2013 BETWEEN:

1. SRI K SUNIL KUMAR S/O SRI K MALLINATH AGED ABOUT 33 YEARS NO.227, 12TH MAIN, 6TH CROSS 5TH SECTOR, HSR LAYOUT BENGALURU-560102

2. SMT GUNDAMMA

W/O LATE SRI CHANDRAPPA MARUTHI

131

AGED ABOUT 80 YEARS NO.120, 5TH CROSS, NGEF LAYOUT SANJAYNAGAR BANGALORE-560094

3. SMT RUKMINI MANTHALE

W/O LATE SRI MARUTHI MANTHALE AGED ABOUT 65 YERS NO.8 (10/3), 4TH CROSS, BASAVESHWARA LAYOUT NAGASHETTY HALLI, RMV 2ND STAGE, BANGALORE-560094 ... PETITIONERS

(BY SRI.S H RAGHAVENDRA & SRI B SUDHAKAR. ADVS.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECETARY, VIDHANA SOUDHA BANGALORE-01

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-560002

3. THE ASST REVENUE OFFICER

BBMP, BEGUR SUB DIVISION BANGALORE-32 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE ENDORSEMENT/DEMAND NOTICES DATED 24.1.13 ISSUED BY R3 VIDE ANNX-B,C, AND D.


1. SRI P A MANJUNATH AGED ABOUT 53 YEARS, S/O SRI S. APPAIAH,

132

2. SMT. R. VANAJAKSHI AGED ABOUT 48 YEARS, W/O MR. P.A. MANJUNATH,

3. SRI PM. SURENDRA

AGED ABOUT 22 YEARS, S/O MR. P.A. MANJUNATH, ALL ARE R/T PANATHURU VILALGE, VARTHUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE – 560 103 REP. BY THEIR POWER OF ATTONERY HOLDER M/S. ISHA INFRA PROJECTS HAVING OFFICE AT NO.99/5, PANATHUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK BANGALORE- 560103 REP. BY MANAGING PARTNER MR. B. BALAKRISHNA REDDY S/O SRI RAGHUNATH REDDY, AGED ABOUT 43 YEARS ... PETITIONERS

(BY SRI S V MANJUANTHA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:

1. THE CHIEF SECRETARY STATE OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560 001

2. THE COMMISSIONER

BRUHATH BANGALORE MAHANAGARA PALIKE, J.C. ROAD, N.R SQUARE, BANGALORE SOUTH, BANGALORE-560 002

3. THE ASSISTANT DIRECTOR TOWN PLANNING MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE, BANGALORE-48 ... RESPONDENTS


133

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANN-F, DT.28.9.12, PASSED BY THE R2, IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER & ITS CONSEQUENTIAL IMPUGNED NOTICE UNDER ANN-A, DT.20.2.13, PASSED BY THE R3 AND ETC.

W.P.NO.46968/2012 BETWEEN: M/S SHYAMARAJU & COMPANY (INDIA) PVT., LTD., DIVYASREE CHAMBERS, ‘A’ WING NO.11, O SHAUGNESSY ROAD BANGALORE-560025 REP. BY MR R RANGABAASHYAM ... PETITIONER (BY SRI.N BAYYA REDDY & MS. RADHA JAYANTHI, ADVS.) AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANA SOUDHA, M S BUILDING BANGALORE-560001

2. THE COMMISSIONER

BRUHATH BANGLORE MAHANAGARA PALIKE NARASIMHARAJA SQUARE BANGALORE-560002

3. THE REVENUE OFFICER BRUHATH BANGLORE MAHANAGARA PALIKE MAHADEVAPURA RANGE MAHADEVAPURA, BANGALORE

4. JOINT DIRECTOR TOWN PLANNING, BANGALORE SOUTH BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE BANGALORE-560002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 TO R4)

134

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR ISSUED BY THE R2 BBMP ISSUED BY THE R2 DT.28.9.12, VIDE ANN-D AS ULTRA VIRES, UNCONSTITUTIONAL AND QUASH THE DEMAND OF THE R4 DT.20.10.12, VIDE ANN-E IN SO FAR AS IT DIRECT THE PAYMENT OF IMPROVEMENT EXPENSES CALCULATED ON THE BASIS OF THE CONTENTS OF ANN-D AS ULTRA-VIRES, UNCONSTITUTIONAL.

W.P.NO.46489/2012 BETWEEN: DIVYASREE INFRASTRUCTURE PROJECTS PVT LTD., ‘DIVYASREE CHAMBERS’, ‘A’ WING NO.11, O’ SHAUGNESSY ROAD BANGALORE-560 025 REP. BYN MR. R RANGABAASHYAM ... PETITIONER (BY SRI.N BAYYA REDDY & MS. RADHA JAYANTHI, ADVS.) AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIDHANASOUDHA, M.S. BUILDING BANGALORE-560001

2. THE COMMISIONER

BRUHATH BANGALORE MAHANAGARA PALIKE NARASIMHARAJA SQUARE BANGALORE-560002

3. THE REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE MAHADEVAPURA RANGE MAHADEVAPURA BANGALORE-45

4. JOINT DIRECTOR TOWN PLANING, BANGALORE SOUTH BRUHATH BANGALORE MAHANAGARA PALIKE

135

N.R. SQUARE, BANGALORE-560002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI K V NARASIMHAN, ADV. FOR R2-4)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE CIRCULAR ISSUED BY THE R2 BBMP ISSUED BY THE R2 DT.28.9.12, VIDE ANN-E AS ULTRA VIRES, UNCONSTITUTIONAL & QUASH IT AND ETC.

W.P.NO.47348/2012 BETWEEN: M/S S N N BUILDERS PRIVATE LIMITED NO. 3761, 29TH MAIN, B.T.M. 2ND STAGE, BANGALORE REP. BY ITS DIRECTOR MR. SHAH SANJAY ... PETITIONER

(BY SRI. S F GOUTAM CHAND, ADV. FOR M/S. GOUTAM ASSOCIATES) AND:

1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-01

3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH, BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2 TO R3)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

136

CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE ENDORSEMENT DATED 13.11.12 ISSUED BY R3 VIDE ANNX-B AND ETC. W.P.Nos.47232/2012 & 47431/2012 BETWEEN: SRI. K PARAMAESHWARAPPA S/O A B KALLAPPA AGED ABOUT 52 YEARS R/A SHIVALAYA, 2ND CROSS MANJUANTHA EXTENSION DEVASANDRA K R PURAM POST BANGALORE-560036 ... PETITIONER

(BY SRI. T NAGARAJA, ADV.) AND:


2. THE COMMISSIONER



(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI B V MURALIDHAR, ADV. FOR R2 & 3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.5.10.12, ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEPURA DIVISION BEST, BANGALOR-48, i,e., IMPROVEMENT CHARGES AE CONCERNED, PRODUCED AT ANN-A AND ETC.

137

W.P.Nos.47234-238/2012 BETWEEN:

1. SMT. MUNICHALLAMMA W/O LATE S. KRISHNAPPA, AGED ABOUT 67 YEARS, R/AT VARTHURU VILLAGE & HOBLI, BANGALORE EAST TALUK, BANGALORE.

2. SRI K.AMBARISH,

S/O. J. KRISHNAPPA, AGED ABOUT 42 YEARS,

3. SRI K.MANJUNATH,

S/O. J.KRISHNAPPA, AGED ABOUT 41 YEARS,

4. SRI K.NAGARAJU,

S/O J.KRISHNAPPA, AGED ABOUT 33 YEARS,

5. SRI N.LOKESH, S/O NARAYANAPPA, AGED ABOUT 31 YEARS, PETITIONER NO. 2 TO 5 ARE RESIDING AT NO.198, DHARMARAYA TEMPLE MAIN ROAD, VIA WHITE FIELD ROAD, RAMAGONDANAHALLY VILLAGE, BANGALORE-560066 ... PETITIONERS



2. THE COMMISSIONER


3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION,

138

MAHADEVPURA, BANGALORE-560048 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 4.10.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

W.P. NO.47239/2012 BETWEEN: SRI. J KRISHNAPPA S/O JAMBAIAH AGED ABOUT 68 YEARS R/A RAMAGONDANAHALLY VILLAGE VARTHURU HOBLI BANGALORE SOUTH TALUK BANGALORE …PETITIONER

(BY SRI. T NAGARAJA, ADV.) AND:


2. THE COMMISSIONER


3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVPURA DIVISION MAHADEVPURA BANGALORE-560048 … RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

139

CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND THE IMPUGNED NOTICE DATED 4.10.12 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

W.P.NO.47401/2012 BETWEEN: SRI ANANTHA AGED ABOUT 55 YEARS, S/O J. DODDATHIPPANNA, R/AT VARTHURU VILLAGE AND HOBLI, BANGALORE SOUTH TALUK, BANGALORE ... PETITIONER (BY SRI.T NAGARAJA, ADV.) AND:


2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R. CIRCLE, BANGALORE-02

3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE-48 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2 PRODUCED AT ANN-E & THE IMPUGNED NOTICE DT.4.10.12, ISSUED BY THE R3, THE JOINT/ DEPUTY COMMISSIONER, BBMP, MAHADEVAPURA DIVISION BEST, BANGALORE-48 i.e., IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

140

W.P.NO.10732/2013 BETWEEN: M/S GOLDEN GATE PROPERTIES LTD., NO. 820, 80 FEET ROAD, 8TH BLOCK KORAMANGALA BANGALORE 560095 REP. BY ITS DIRECTOR SRI C D SANJAY RAJ ... PETITIONER (BY SRI SHIVAPRABHU S HIREMATH, ADV.) AND:

1. THE STATE OF KARNATAKA BY ITS PRINCIPLE SCRETARY URBAN DEVELOPMENT DEPARTMNT VIKASA SOUDHA BANGALORE- 560 001

2. BRUHAT BANGALORE

MAHANAGARA PALIKE BY ITS COMMISSIONER, N R SQUARE, BANGALORE 560 002

3. THE JOINT DIRECTOR (TOWN PLANNING) BANGALORE SOUTH BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE- 560 020 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIR.DT.28.9.12, ISSUED BY THE R2 VIDE ANN-A AND ETC.

W.P.NO.10574/2013 BETWEEN GAUTAM U NAMBISAN AGED ABOUT 37 YEARS, S/O LATE UNNIKRISHNAN NAMBISAN, RESIDING AT # S-2, BELVISTA APARTMENT,

141

# 206, 3RD MAIN ROAD, DEFENCE COLONY, HAL 2ND STAGE, BANGALORE -38 ... PETITIONER

(BY SRI. D B SATISH, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001

2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, BANGALORE-02

3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE WHITEFIELD SUB-DIVISION, BANGALORE ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.10, PASSED BY THE R1, VIDE ANN-F, & ITS CONSQUENTIAL IMPUGNED CIRCULAR DT.7.11.2007 PASSED BY THE R2, UNDER ANN-D, & AN IMPUGNED CIRCULAR DT.7.2.11, PASSED BY THE R2, ANN-G & THE IMPUGNED ENDORSEMENT UNDER ANN-C, DT.17.1.13, ISSUED BY THE R3, ASSISTANT REVENUE OFFICER SEEKING IMPOSITIOIN OF IMPROVEMENT CHARGES AND ETC. W.P.NO.1338/2013 BETWEEN: SMT. SHANTHAMMA W/O Y RAJENDRA REDDY, AGED ABOUT 56 YEARS, R/AT NO.332, BOREWELL ROAD, WHITEFIELD, BANGALORE-560066 RPTD. BY HER GPA HOLDER, SRI.MADHUSUDHANA REDDY,

142

S/O K.SAMBI REDDY, AGED ABOUT 42 YEARS, A PARTNER OF M/S ADITHY CONSTRUCTIONS, NO.56, 8TH MAIN ROAD, MAHALAKSHMI NILAYAM, GM PLYA, NEW THIPPASANDRA POST, BANGALORE-75 ... PETITIONER (BY SRI. T NAGARAJA, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE 560001

2. THE COMMISSIONER


3. THE ASSISTANT/ ADDITIONAL DIRECTOR

OF TOWN PLANNING, BBMP, MAHADEVPURA DN., BANGALORE-560048 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-E AND THE IMPUGNED ENDORSEMENT DATED 4.1.2013 ISSUED BY THE R3, THE ASSISTANT / ADDITIONAL DIRECTOR, TOWN PLANNING, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48, i.e, IMPROVEMENT CHARGES ARE CONCERNED, PRODUCED AT ANN-A AND ETC.

W.P.NO.45878/2012 BETWEEN: SRI PRINCE JOSE G PHILIPS AGED ABOUT 48 YEARS, S/O T P PHILIPS

143

R/AT NO. 295, M.G.NAGAR, MUNNEKOLALU, MARATHALLI, BANGALORE- 560 037 ... PETITIONER (BY SRI MUNISWAMYGOWDA S G, ADV.) AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE- 560 001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-01

3. THE ASSISTANT COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA DIVISION, BANGALORE-01


BRUHAT BANGALORE MAHANAGARA PALIKE, WHITE FIELD SUB-DIVISION, MAHADEVAPURA DIVISION, BANGALORE-01 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI M R SHAILENDRA, ADV. FOR R2–4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 31.10.12 ISSUED BY R4 VIDE ANNX-A; QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R2 VIDE ANNX-F AND DIRECT THE R2,3 & 4 TO REGISTER THE NAME OF THE PETITIONER IN THE KHATHA REGISTER WITHOUT INSISTING ON PAYMENT OF IMPROVEMENT EXPENSES AS DEMANDED BY THE R4.

144

W.P.Nos.49565-566/2012 BETWEEN:

1. SRI T C SEENAPPA S/O LATE CHANNAPPA, AGED ABOUT 54 YEARS, RESIDING AT NO.278, BEML LAYOUT, 8TH MAIN, 60 FEET ROAD, THUBARANAHALLI VILLAGE, RAMAGONDANAHALLI POST, BANGALORE-560066.

2. SRI T C VENKATESH

S/O LATE CHANNAPPA, AGED ABOUT 49 YEARS, R/AT NO.1245, AECS LAYOUT, D BLOCK, 5TH CROSS, KUNDALAHALLI POST, BANGALORE-560037 ... PETITIONERS

(BY SRI C T PARAMESHWARAPPA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:

1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, J.C.ROAD, N.R.SQUARE, BANGALORE SOUTH, BANGALORE-02.


TOWN PLANNING, MAHADEVAPURA (DIVISION BRUHATH BANGALROE MAHANAGARA PALIKE, BANGALORE-560048 ... RESPONDENTS

(BY SRI B V MURALIDHAR ADV. FOR R1 & 2)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED CIRCULAR UNDER ANNX-F DATED 28.9.12 PASSED BY THE R1 IMPOSING IMPROVEMENT CHARGES OF RS. 550/- PER SQUARE METER AND ITS CONSEQUENTIONAL IMPUGNED NOTICE UNDER ANNX-A DATED 17.11.12 PASSED BY R2 AND ETC.

145

W.P.NO.1144/2013 BETWEEN: SRI J KRISHNA CHAITANYA VARMA S/O SRI. J.V. RANGARAJU AGED ABOUT 28 YEARS NO.HIG-11, YELAHANKA NEW TOWN, BANGALORE-64 ... PETITIONER (BY SRI.RAGHUNATH C M, ADV. ) AND:

1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE-01 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-02


YELAHANKA, ZONE, BYATARAYANAPURA, BBMP, BANGALORE-94

4. THE ASST. REVENUE OFFICER YELAHANKA, SUB-ZONE, BBMP, BANGALORE-94 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP. FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2–4)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A ISSUED BY R2 & QUASH THE DEMAND NOTICE DATED 18.10.12 ISSUED BY THE R4 VIDE ANNX-B. W.P.NO.1145/2013 BETWEEN: M/S SRIDEVI PROPERTIES PARTNER M/S SRIDEVI PROPERTIES, NO.HIG-11, YELAHANKA NEW TOWN, BANGALORE-560 064

146

REP. BY ITS PARTNER SRI.J. KRISHNA CHAITANYA VARMA S/O SRI.J.V. RANGARAJU AGED ABOUT 28 YEARS ... PETITIONER (BY SRI. RAGHUNATH C M, ADV. ) AND:

1. STATE OF KARNATAKA DEPT. OF HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE – 560 001 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE – 560 002


YELAHANKA, ZONE, BYATARAYANAPURA BBMP, BANGALORE-94

4. THE ASST. REVENUE OFFICER

YELAHANKA, SUB-ZONE, BBMP, BANGALORE-94 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R-1 SRI.G.M.CHANDRASHEKAR, ADV. FOR R2-R4)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY THE SECOND RESPONDENT AND QUASH THE DEMAND NOTICE DATED 17.10.2012 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-B. W.P.NO.1485/2013 BETWEEN: SOBHA HIGHRISE VENTURES PVT. LTD. HAVING ITS REGISTERED AND CORPORATE OFFICE AT E-106, SUNRISE CHAMBERS 22, ULSOOR ROAD

147

BANGALORE-560042 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI ... PETITIONER

(BY M/S. ANUP S SHAH LAW FIRM, ADVS.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE - 01

2. BRUHAT BANGALORE

MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQUARE BANGALORE-560002 REP. BY ITS COMMISSIONER

3. THE DEPUTY COMMISSIONER (REVENUE) BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002


BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE BANGALORE-560048 … RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R-1 SRI.G.M.CHANDRASHEKAR, ADV. FOR R2-R4)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-B ISSUED BY THE R2; QUASH THE DEMAND NOTICE DATED 22.12.12 ISSUED BY THE R4 THE DY COMMISSIONER, BMP, MAHADEVAPURA ZONE, BANGALORE AT ANNX-A AND ETC. W.P.Nos.10920-921/2013 BETWEEN:

1. P H MUNIYAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS,

148

2. P H SIDDAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS, BOTH ARE R/O GUNJURU PALYA, VARTHUR HOBALI, EAST TALUK, BANGALORE- 560 087 ... PETITIONERS

(BY SRI. M R HIREMATHAD & SRI. UDAYAKUMAR P, ADVS.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-01

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002


BANGALORE-EAST, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI.M.N.RAMANJANAYA GOWDA, ADV. FOR R2 & 3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A AND QUASH THE DEMAND NOTICE DATED 26.2.13 ISSUED BY R3 VIDE ANNX-B AND ETC. W.P.Nos.4414/2013 & 5824/2013 BETWEEN: SOBHA DEVELOPERS LTD., HAVING ITS REGISTERED AND CORPORATE OFFICE AT SARJAPUR MARTHAHALLI OUTER RING ROAD (ORR), DEVARABISANAHALLI, BELLANDUR POST,

149

BANGALORE-560103 REP. BY ITS AUTHORISED SIGNATORY MRS. V PADMAVATHI ... PETITIONER

(BY SRI SURAJ GOVINDRAJ, ADV. FOR M/S. ANUP S SHAH LAW FIRM) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIDHANA SOUDHA BANGALORE-01

2. BHRUHAT BANGALORE

MAHANAGARA PALIKE HAVING ITS OFFICE AT N R SQUARE, BANGALORE-560002 REP. BY ITS COMMISSIONER

3. JOINT DIRECTOR TOWN PLANNING (NORTH) BRUHAT BANGALORE MAHANAGARA PALIKE OFFICE OF THE ADDITIONAL DIRECTOR (TOWN PLANNING) N R SQUARE BANGALORE-560002 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 IDE ANNEXURE-B ISSUED BY THE 2ND RESPONDENT; QUASH THE DEMAND NOTICE DATED 18.1.2013 ISSUED BY THE 3RD RESPONDENT BEING JOINT DIRECTOR, TOWN PLANNING [NORTH] BRUHAT BANGALORE MAHANAGARA PALIKE, VIDE ANNEXUER-A AND ETC.

W.P.NO.10266/2013 BETWEEN: SRI ATHEEQ SULAIMAN AGED ABOUT 26 YEARS S/O SULAIMAN HASHEEM

150

R/AT NO. 40/1, LAVELLE ROAD BANGALORE -560036 ... PETITIONER

(BY SRI.T NAGARAJA, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE- 560 001

2. THE COMMISSIONER


3. THE JOINT / DEPUTY COMMISSIONER

BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE 560048 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT VIDE ANN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 22.2.2013 ISSUED BY R3, THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANN-A AND ETC.

W.P.Nos.10273-274/2013 BETWEEN:

1. SRI H T NARAYANA REDDY AGED ABOUT 69 YEARS, S/O LATE DODDA THAYAPPA REDDY, R./AT NO.231, HOODI VILLAGE, MAHADEVAPURA POST, BANGALORE-560 048.

2. SMT.M.RATHNA

W/O H.T.NARAYANA REDDY,

151

AGED ABOUT 60 YEARS, R/AT NO.231, HOODI VILLAGE,

MAHADEVAPURA POST, BANGALORE-560 048. ... PETITIONERS

(BY SRI. SHANMUKHAPPA, ADV. FOR M/S. KESVY & CO) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560001.

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGAR PALIKE, N.R.CIRCLE, BANGALORE-02.

3. THE JOINT/DEPUTY COMMISSIONER BBMP, MAHADEVAPURA DIVISION, BANGALORE-560 0048. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI G M CHANDRASHEKAR, ADV. FOR R2 & 3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.3.10.12, & DT.8.10.12, ISSUED BY THE R3, VIDE ANN-A & ANN-B; QUASH THE CIRCULAR DT.28.9.12, PASSED BY THE R2, VIDE ANN-H AND ETC.

W.P.Nos.10922-923/2013 BETWEEN:

1. P H MUNIYAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS,

2. P H SIDDAPPA S/O DODDA HULIYAPPA, AGED ABOUT 74 YEARS, BOTH ARE R/O GUNJURU PALYA, VARTHUR HOBALI,

152

EAST TALUK, BANGALORE- 560 087 ... PETITIONERS

(BY SRI. M R HIREMATHAD & SRI. UDAYAKUMAR P, ADVS.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, BY ITS SECRTARY, VIDHANA SOUDHA, BANGALORE-01

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002


BANGALORE-EAST, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 002 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI M N RAMANJANEYA GOWDA, ADV. FOR R2 & 3)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12 VIDE ANN-A & QUASH THE DEMAND NOTICE DT.26.2.13, ISSUED BY THE R3, VIDE ANN-B AND ETC.

W.P.NO.11209/2013 BETWEEN: PAPAMMA W/O C MUNI REDDY, AGED ABOUT 65 YEARS, HONGASANDRA VILLAGE, BEGUR MAIN ROAD, BEGUR HOBLI BANGALORE- 560 068 ... PETITIONER

(BY SRI.B S RADHANANDAN & SRI. MALLESHA, ADVS.)

153

AND:

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

2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE- 560 002

3. THE JOINT DIRECTOR TOWN PLANNING BOMMANAHALLI BRANCH, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE.

4. ASSISTANT REVENUE OFFICER ARAKERE, ZONE BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE


TOWN PLANNING BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI BRANCH BANGALORE. ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2 - 5)

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.12, VIDE ANN-A; QUASH THE DEMAND NOTICE DT..8.1.13, ISSUED BY THE R4, DIRECTING THE PETITIONERS TO PAY RS.550/- PER.SQ MTR TOWARDS BETTERMENT TAX AT ANN-B AND ETC.

W.P.Nos.11331-334/2013 & 11335/2013 BETWEEN:

1. SRI K NARAYANA REDDY SINCE DEAD BY LRS

154

a) SRI N JAYARAMA REDDY S/O LATE K NARAYANA REDDY AGED ABOUT 44 YEARS R/AT NO 147, AIRPORT ROAD, MARATHALLI BANGALORE 560037

2. SRI N RAJA REDDY AGED ABOUT 45 YEARS R/AT NO 104, PINE WOOD APARTMENT NAL WIND TUNNEL ROAD, MURUGESH PALAY BANGALORE 560 017 ... PETITIONERS


1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA, BANGALORE 560 001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, N R CIRCLE, BANGALORE 560 002


BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE 560048 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 PASSED BY THE R2 VIDE ANN-G AND THE IMPUGNED OFFICE MEMORANDUM DATED 26.2.2013 ISSUED BY THIRD RESPONDENT THE JOINT / DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION, BEST, BANGALORE-48 i.e. IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNEXURE-C AND ETC. W.P.NO.12209/2013 BETWEEN: KLASSIK ENTERPRISES PVT. LTD A COMPANY REGISTERED UNDER THE

155

INDIAN COMPANIES ACT, NO.10/1 AND 11/2, KALENA AGRAHARA, NEAR MEENAKSHI TEMPLE,. BANNERGHATTA ROAD BANGALORE-560076 REP. BY ITS DIRECTOR SRI M RAMAKRISNA REDDY ... PETITIONER (BY SRI.T P VIVEKANANDA, ADV.) AND:

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


MARATHALLI SUB DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE-560037

3. THE JOINT DIRECTOR OF

TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002



(BY SRI.B V MURALIDHAR- ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCUALR DATED 28.9.12 ISSUED BY R2 VIDE ANNX-K; QUASH THE DEMAND NOTICE DATED 19.2.13 AT ANNX-F ISSUED BY R2 AND ETC.

156

W.P.NO.12210/2013 BETWEEN KLASSIK ENTERPRISES PVT. LTD A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT NO.10/1 AND 11/2, KALENA AGRAHARA NEAR MEENAKSHI TEMPLE BANNERBHATTA ROAD BANGALORE-560076 REP. BY ITS DIRECTOR SRI M RAMAKRISHNA REDDY ... PETITIONER

(BY SRI. T P VIVEKANANDA, ADV.) AND:

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


MARATHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE-560037

3. THE JOINT DIRECTOR OF

TOWN PLANNING (NORTH) BRUHAT BANGALORE MAHANGARA PALIKE N R SQUARE, BANGALORE-560002



(BY SRI.B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULARD DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K ; QUASH THE DEMAND NOTICE DATED 19.2.2013

157

VIDE ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AND ETC.

W.P.Nos.12224-235/2013 BETWEEN:

1. SRI H B VENKATARAMANAPPA S/O LATE SRI BACHANNA AGED ABOUT 62 YEARS

2. SRI V SURESH BABU S/O SRI H B VENKATARAMANAPPA AGED ABOUT 35 YEARS

3. SRI V SANTHOSH KUMAR

S/O SRI H B VENKATARAMANAPPA AGED ABOUT 31 YEARS

4. SRI V LOKESH S/O SRI H B VENKATARAMANAPPA AGED ABOUT 30 YEARS

5. SRI H B KRISHNA MURTHY S/O LATE SRI BACHANNA AGED ABOUT 57 YEARS

6. SMT THULASI D/O SRI H B KRISHNA MURTHY AGED ABOUT 26 YEARS

7. SMT VEDAVATHI D/O SRI H B KRISHNA MURTHY AGED ABOUT 23 YEARS

8. SRI HEMANTH KUMAR S/O SRI H B KRISHNA MURTHY AGED ABOUT 21 YEARS

9. SMT VASANTHA W/O LATE SRI H B LAKSHMANA AGED ABOUT 45 YEARS

10. SMT VEENA D/O LATE SRI H B LAKSHMANA AGED ABOUT 25 YEARS

11. SMT PANKAJA D/O LATE SRI H B LAKSHMANA AGED ABOUT 22 YEARS

158

12. KUM SOWMYA D/O LATE SRI H B LAKSHMANA AGED ABOUT 19 YEARS ALL ARE R/A IMMADIHALLI VILLAGE K R PURAM HOBLI, BANGALORE EAST TALUK BANGALORE. REP. BY THEIR POWER OF ATTORNEY HOLDER M/S SAROJ GROUP HAVING OFFICE AT NO.5 SILVER SPRING ROAD MUNNEKOLALA, MARTHAHALLI POST BANGALORE-560037 REP. BY ITS PROPRIETOR MR. CHAKRADHAR S/O VENAKTESHWARLU AGED ABOUT 34 YEARS ... PETITIONERS

(BY SRI.C T PARAMESHWARAPPA, ADV. FOR M/S. NISARGA LAW ASSOCIATES) AND:

1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BANGALORE-560001

2. THE COMMISSIONER



TOWN PLANNING MAHADEVAPURA (DIVSN) BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560048 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

159

IMPUGNED CIRCULAR VIDE ANNEXURE-F DATED 28.9.2012 PASSED BY THE 2ND RESPONDENT IMPOSING IMPROVEMENT CHARGES OF RS.550/- PER SQUARE METER AND ITS CONSEQUENTIAL IMPUGNED NOTICE VIDE ANNEXURE-A DATED 26.2.2013 PASSED BY THE 3RD RESPONDENT AND ETC.

W.P.Nos.2218-21/2013 BETWEEN: D LAKKANNA S/O LATE DURGAPPA AGED ABOUT 68 YEARS R/A NO.12, 2ND CROSS 17TH MAIN, 5TH BLOCK KORAMANGALA, BANGALORE-560095 ... PETITIONER

(BY SRI.RAGHUNATH C M, ADV.) AND:

1. STATE OF KARNATAKA DEPT. OF HOUSING AND URBAN DEVELOPMENT M S BUILDING, BANGALORE-01 BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560002


MAHADEVAPURA ZONE MAHADEVAPURA, BBMP, BANGALORE-48

4. THE ASST REVENUE OFFICER MARRATHHALLI SUB DIVISION BBMP, MARATHHALLI BANGALORE-560037 … RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-4)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 VIDE ANNEXURE-A ISSUED BY

160

THE SECOND RESPONDENT AND QUASH THE ENDORSEMENT DATED 18.12.2012 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-B AND INTIMATION LETTER DATED 10.1.2013 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-B1.

W.P.Nos.49852-858/2012 BETWEEN:

1. SMT RATHNAMMA AGED ABOUT 60 YEARS, W/O B. RAMAIAH,

2. SRI RAVI AGED ABOUT 46 YEARS, S/O LATE SRI B. RAMAIAH,

3. SRI SUBRAMANI AGED ABOUT 41 YEARS, S/O LATE SRI B. RAMAIAH,

4. SRI RAMANJI ALIAS RAMANJINAPPA AGED ABOUT 34 YEARS, S/O LATE SRI B. RAMAIAH,

5. SRI DHANANJAYA AGED ABOUT 37 YEARS, S/O LATE SRI B. RAMAIAH,

6. SMT LAKSHMIDEVI AGED ABOUT 33 YEARS, D/O LATE SRI B. RAMAIAH,

7. SMT AMBIKA AGED ABOUT 31 YEARS, D/O LATE SRI B. RAMAIAH, ALL ARE R/AT NO.1561, 15TH CROSS, B. RAMAIAH MAIN ROAD, DR. SHIVARAM KARANTH NAGAR POST, BANGALORE- 560077 REP. BY THEIR POWER OF ATTORNEY HOLDER SRI KISHORE KUMAR S/O SHANTHILAL, AGED ABOUT 42 YEARS, MANAGING DIRECTOR M/S JAIN HEIGHTS &

161

STRUCTURE PRIVATE LTD., # 106A, 99/100, 1ST FLOOR, PRESTIGE TOWERS, RESIDENCY ROAD, BANGALORE-25 ... PETITIONERS

(BY SRI.L K SRINIVASA MURTHY & SRI. S SHIVAN, ADVS.) AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BANGALORE-01

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE, HUDSON CIRCLE, CORPORATION OFFICES, BANGALORE-02

3. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, BYATARAYANAPURA RANGE, BANGALORE -92 ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DT.6.9.10 ISSUED BY THE R3 AS CONTAINED IN ANN-M & CIRCULAR DT.28.9.12, PASSED BY THE R2 COMMISSIONER, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE A CONTAINED IN ANN-N AND ETC.

W.P.Nos.12592/2013 & 12647-48/2013 BETWEEN

1. SMT. VAGDEVI W/O LATE C.K.VENKATASUBBARAO, AGED ABOUT 55 YEARS,

2. SRI.C.K.NAGABHUSHAN S/O LATE C.KRISHNAMURTHY, AGED ABOUT 60 YEARS,

162

3. SRI.C.K.RAVI S/O LATE C.KRISHNAMURTHY, AGED ABOUT 60 YEARS, ALL R/AT NO.424, PRASHANTH NILAYA, VINAYAKA LAYOUT, NEAR VINAYAKA TEMPLE, VARTHURU HOBLI, BANGALORE-560087. ... PETITIONERS



2. THE COMMISSIONER


3. THE JOINT/DEPUTY COMMISSISONER

BBMP, MAHADEVPURA DIVISION, MAHADEVPURA, BANGALORE-560048. ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANXN-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 7.3.13 ISSUED BY R3 THE JOINT/DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANXN-A AND ETC.

W.P.NO.12616/2013 BETWEEN: SRI S NAVEEN KUMAR S/O N SAMPANGIRAM REDDY AGED ABOUT 39 YEARS

163

R/AT NO. 197, IRISS MANOR 2ND MAIN, 2ND STAGE DOMLUR, BANGALORE-560071 ... PETITIONER

(BY SRI.T NAGARAJA & SRI. N NAGARJUN, ADVS.) AND:


2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRLCE, BANGALORE-560002

3. THE JOINT/ DEPUTY COMMISSIONER

BBMP, MAHADEVPURA DIVISION MAHADEVAPURA BANGALORE-560048 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY THE R2 VIDE ANNX-E AND THE IMPUGNED OFFICE MEMORANDUM DATED 22.2.13 ISSUED BY THE R3 THE JOINT/DEPUTY COMMISSIONER, BBMP MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.


1. S N SHIVANANJE GOWDA S/O LATE SRI CHIKKANARASIMHAIAH AGED ABOUT 69 YEARS

2. S SINDHU D/O S N SHIVANANJE GOWDA AGED ABOUT 37 YEARS

164

3. S PRASHANTH S/O S N SHIVANANJE GOWDA AGED ABOUT 33 YEARS PETITIONERS 1 TO 3 R/AT NO 14, 11TH MAIN ROAD, RPC LAYOUT, BANGALORE 560040

4. S N GOPAL KRISHNA

S/O LATE SRI CHIKKNARASIMHAIAH AGED ABOUT 62 YEARS

5. S G LAKSHMI D/O S N GOPALAKRISHNA AGED ABOUT 26 YEARS

6. S G HEMALATHA D/O S N GOPALAKRISHNA AGED ABOUT 22 YEARS PETITIONERS 4 TO 6 R/AT SINGASANDRA VILLAGE, BEGURU HOBLI BANGALORE SOUTH TALUK

7. SUNANDA W/O LATE SRI S N CHANDRASHEKAR AGED ABOUT 42 YEARS R/AT NO 204/1, 3RD MAIN ROAD, CHAMARAJPET, BANGALORE-18 PETITIONERS 1 TO 7 REP. BY THEIR GPA HOLDER.

8. P SHEKAR REDDY S/O P RAM REDDY AGED ABOUT 42 YEARS PROPRIETOR M/S. SLS DEVELOPERS FLAT NO 401, 4TH FLOOR SHERWOOD APARTMENTS 4TH “A” CROSS, KAGGADASAPURA, C V RAMANNAGAR POST, BANGALORE 560 093 … PETITIONERS

(BY SRI SUNDAR RAJ, ADV.) AND:

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT

165

VIDHANA SOUDHA, BANGALORE REP. BY ITS SECRETARY

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002


BEGURU SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE N R CIRCLE BANGALORE 560 002 … RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO UASH THE ENDORSEMENT DATED 6.3.3013 VIDE ANNEXURE-C ISSUED BY THE 3RD RESPONDENT AND DIRECT THE 3RD RESPONDENT NOT TO INSIST / DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION AND ISSUANCE OF KATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNEXURE-C AND GRANT SUCH OTHER RELIEFS.

W.P.NO.12657/2013 BETWEEN: N NAGARAJA S/O LATE DODDANARASIMHAIAH, AGED ABOUT 62 YEARS, R/AT NO.850, 6TH C CROSS, 17TH “F” MAIN, 6TH “B” BLOCK, KORAMANGALA, BANGALORE-560095. ... PETITIONER

(BY SRI. SUNDAR RAJ, ADV.) AND:

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA,

166

BANGALORE, REP. BY ITS SECRETARY.

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560002.


BEGURU SUB-DIVISION, BRUHUTH BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE BANGALORE-560048. ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DT.6.3.2012, VIDE ANNX-C ISSUED BY R-3 AND DIRECT R-3 NOT TO INSIST/DEMAND THE PETITIONERS FOR THE PAYMENT OF IMPROVEMENT CHARGES FOR THE REGISTRATION & ISSUANCE OF KAATHA IN FAVOUR OF THE PETITIONERS IN VIEW OF THE ANNX-C & GRANT SUCH OTHER RELIEFS. W.P.NO.12719/2013 BETWEEN: S N ANANDA MURTHY S/O LATE CHAKKANARASAPPA, AGED ABOUT 56 YEARS, R/AT SAMPIGE HALLI, JAKKUR POST, BANGALORE-560064. ... PETITIONER

(BY SRI.D B SATISH, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.

167

2. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE, BYTARAYANAPURA DIVISION, BANGALORE-64. ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.10, PASSED BY THE R1, VIDE ANN-F & ITS CONSEQUENTIAL IMPUGNED CIRCULAR DT.7.11.07, PASSED BY THE R2, UNDER ANN-D & AN IMPUGNED CIRCULAR DT.7.2.11, PASSED BY THE R2, ANN-G & THE IMPUGNED ENDORSEMENT UNDER ANN-C, DT.5.3.13, ISSUED BY THE R3, ASST. REVENUE OFFICER SEEKING IMPOSITION OF IMPROVEMENT CHARGES AND ETC.

W.P.NO.12755/2013 BETWEEN: K.R.SRINIVASA REDDY S/O A RAMA REDDY AGED ABOUT 50 YEARS R/AT NO 286, 13TH CROSS, 17TH MAIN, 4TH SECTOR HSR LAYOUT BANGALORE 560 102 ... PETITIONER

(BY SRI.T P VIVEKANANDA, ADV.) AND:


168

2. THE ASSISTANT REVENUE OFFICER, MARATHALLI SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE MARATHALLI BANGALORE 560037

3. JOINT DIRECTOR OF TOWN

PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQUARE, BANGALORE 560 002

4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K ; QUASH THE DEMAND NOTICE DATED 19.2.2013 AT ANNEXURE-F ISSUED BY THE 2ND RESPONDENT AND ETC.

W.P.NO.12865/2013 BETWEEN: K R SRINIVASA REDDY AGED ABOUT 50 YEARS, S/O A RAMA REDDY, R/AT NO. 286, 13TH CROSS, 17TH MAIN, 4TH SECTOR, HSR LAYOUT, BANGALORE -560 102 ... PETITIONER


1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE,

169

BANGALORE-560 002 REP. BY ITS COMMISSIONER


MARATHALLI SUB-DIVISION, BRUHATH BANGALORE MAHANAGARA PALIKE, MARATHALLI, BANGALORE-560 037

3. JOINT DIRECTOR OF TOWN

PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE, N R SQURE, BANGALORE-560 002


DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-01 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SRI B V MURALIDHAR, ADV. FOR R1-3 SMT. MANJULA R KAMADOLLI, HCGP FOR R4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R1 AT ANNX-K; QUASH THE DEMAND NOTICE DATED 19.2.13 AT ANNX-F ISSUED BY R2 AND ETC. W.P.Nos.12902-903/2013 BETWEEN:

1. SMT. KAVITHA PRASAD AGED ABOUT 43 YEARS W/O SHRI PRASAD K R/AT NO.182, ‘KRUSUN’, 9TH MAIN 7TH SECTOR, HSR LAYOUT BANGALORE 560012

2. SHRI PRASAD K

AGED ABOUT 49 YEARS S/O LATE KRISHNAPPA R/AT NO.182, ‘KRUSUN’, 9TH MAIN 7TH SECTOR, HSR LAYOUT BANGALORE 560012 ... PETITIONERS

(BY SRI.T P VIVEKANANDA, ADV.)

170

AND:

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

2. THE ASSISTANT REVENUE OFFICER MARATHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI, BANGALORE 560037

3. JOINT DIRECTOR OF TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560002


DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1-3)

THESE PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DT.28.9.2012 ISSUED BY R-1 AT ANNX-K ; QUASH THE DEMAND NOTICE DT.19.2.2013 AT ANNX-F ISSUED BY R-2 AND ETC.

W.P.NO.12720/2013 BETWEEN: S N ANANADA MURTHY AGED ABOUT 56 YEARS S/O LATE CHKKANARASAPPA RESIDING AT SAMPIGE HALLI JAKKUR POST BANGALORE 560 064 ... PETITIONER

(BY SRI.D B SATISH, ADV.)

171

AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE 560 001

2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE-02

3. THE ASSISTANT REVENUE OFFICER BRUHATH BANGALORE MAHANAGARA PALIKE BYATARAYANAPURA DIVISION BANGALORE-64 ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTIFICATION DT.3.2.2010 PASSED BY R-1 VIDE ANNX-H & ITS CONSEQUENTIAL IMPUGNED CIRCULAR DT.7.11.2007 PASSED BY R-2 VIDE ANNX-F & AN IMPUGNED CIRCULAR DT.7.2.2011 PASSED BY R-2 VIDE ANNX-J & THE IMPUGNED ENDORSEMENT VIDE ANNX-E DT.5.3.2013 ISSUED BY R-3 ASST. REVENUE OFFICER SEEKING IMPOSITION OF IMPROVEMENT CHARGES AND ETC.

W.P.NO.13201/2013 BETWEEN SRI G R SRINIVASA REDDY S/O G.A.RAMASWAMY REDDY, AGED ABOUT 42 YEARS, RESIDING AT GUNJUR, B.B.M.P. WARD NO.149, BANGALORE EAST TALUK, BANGALORE-560087. ... PETITIONER

(BY SRI.H S PRASHANTH, ADV.)

172

AND

1. THE STATE OF KARNATAKA BY THE URBAN DEVELOPMENT DEPARTMENT REP. BY ITS SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.CIRCLE, BANGALORE-560 002.

3. THE JOINT/DEPUTY COMMISSISONER BBMP, MAHADEVAPURA DIVISION, MAHADEVPURA, BANGALORE-560 048. ... RESPONDENTS


THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 ISSUED BY THE R2 VIDE ANNX-B AND ENDORSEMENT ISSUED BY R3 DATED 11.3.13 DEMANDING THE PETITIONER TO PAY AN AMOUNT OF RS. 25,04,902/- TOWARDS IMPROVEMENT CHARGES FOR REGISTRATION OF KHATA IN THE NAME OF THE PETITIONER VIDE ANN-A AND ETC.

W.P.NO.12866/2013 BETWEEN: SMT. C BHARATHI AGED ABOUT 43 YEARS W/O SHRI M RAMAKRISHNA REDDY R/AT NO.667, ‘SRI KUTEERA’ SECTOR- II, HSR LAYOUT BANGALORE 560 102 ... PETITIONER


1. BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE

173

BANGALORE 560002 REP. BY ITS COMMISSIONER


MARATHALLI SUB-DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE MARATHALLI, BANGALORE-37

3. JOINT DIRECTOR OF TOWN PLANNING (NORTH) BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE, BANGALORE 560002

4. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA BANGALORE 560 001 REP. BY ITS SECRETARY ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R4 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R1 TO 3)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.2012 ISSUED BY THE FIRST RESPONDENT VIDE ANNEXURE-K; QUASH THE DEMAND NOTICE DATED 19.2.2013 VIDE ANNEXURE-F ISSUED BY THE R2 AND ETC. W.P.Nos.12302-303/2013 BETWEEN:

1. SMT. INDIRA RAO W/O MR. H PRAKASH RAO REP BY ITS GPA HOLDER AGED ABOUT 62 YEARS M/S. TOTAL ENVIRONMENT CONSTRUCTIONS PRIVATE LIMITED, NO 78, ITPL MAIN ROAD, EPIP ZONE WHITEFIELD, BANGALORE 560 066

2. M/S. TOTAL ENVIRONMENT

CONSTRUCTIONS PRIVATE LIMIT NO 78, ITPL MAIN ROAD EPIP ZONE WHITEFIELD

174

BANGALORE 560066 REP. BY ITS DIRECTOR MR. KAMAL SAGAR ... PETITIONERS

(BY SRI UDAY HOLLA, SR. COUNSEL FOR SRI K SHASHIKIRAN SHETTY) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE 560 001 BY ITS SECRETARY

2. THE COMMISSIONER,

BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, BANGALORE-02


BEGUR BRANCH BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-68.

4. ASSISTANT REVENUE OFFICER BEGUR BRANCH BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-68

5. ASSISTANT DIRECTOR TOWN PLANNING BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE ZONE BANGALORE-02 ... RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI D N NANJUNDA REDDY, SR. COUNSEL FOR SRI K N PUTTEGOWDA, ADV. FOR R2- 5)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 VIDE ANNX-A; QUASH THE ENDORSEMENT/DEMAND NOTICE DATED 25.2.13 ISSUED BY R4 DIRECT THE PETITIONERS TO PAY RS. 550/- P.S.M TOWARDS BETTERMENT TAX VIDE ANNX-B AND ETC.

175

W.P.NO.13745/2013 BETWEEN: K S JAGADISH REDDY S/O LATE K SRINIVASA REDDY AGED ABOUT 50 YEARS R/A NO.43, 1ST CROSS WAR NO.150, KASAVANA HALLI SARJAPURA ROAD, BANGALORE 560035 ... PETITIONER

(BY SRI.U S YOGESH KUMAR, ADV.) AND:

1. STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF URBAN & HOUSING DEPARTMENT M.S. BUILDING, BANGALORE 560001

2. THE COMMISSIONER BRUHAT BANGAALORE MAHANAGARA PALIKE BANGALORE 560002

3. JOINT COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE, BANGALORE 560036

4. ASST. REVENUE OFFICER BRUHAT BANGAALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE, MARATHAHALLI SUB DIVISION BANGALORE. … RESPONDENTS

(BY SMT. MANJULA R KAMADOLLI, HCGP FOR R1 SRI B V MURALIDHAR, ADV. FOR R2-4)

THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICE MEMORANDUM DATED 13.3.2013 AT ANNEXURE-A IN SO FAR AS DEMANDING THE PETITIONER TO PAY THE DEVELOPMENT CHARGE OF RS.5,56,645/- IN RESPECT OF THE PETITIONER'S CONVERTED LANDS BEARING SY.NO.45 MEASURING 10

176

GUNTAS, SITUATED AT KAIKONDRAHALLI VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK ISSUED BY THE RESPONDENT NO.3 AND ETC.

W.P.Nos.13387/2013 & 14262-64/2013 BETWEEN:

1. MR. ANANYA KANORIA S/O ARUN KUMAR KANORIA AGED ABOUT 30 YEARS R/A #120/A, 10TH MAIN SADASHIVANAGAR, BANGALORE-560080

2. MS. VARINI KANORIA D/O ARUN KUMAR KANORIA AGED ABOUT 25 YEARS R/A #120/A, 10TH MAIN, SADASHIVANAGAR, BANGALORE-560080 ... PETITIONERS

(BY SRI G S VENKAT SUBBA RAO, ADV.) AND:

1. THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA BY ITS SECRETARY VIKASA SOUDHA BANGALORE-560001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560002

3. THE ASSISTANT REVENUE OFFICER SHETTIHALLU SUB DIVISION BRUHAT BANGALORE MAHANAGARA PALIKE ... RESPONDENTS


THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE

177

CIRCULAR DT.28.9.12, AS AT ANN-A & QUASH THE DEMAND NOTICE DT.8.1.13, ISSUED BY THE R3, AS AT ANN-B.

W.P.NO.14390/2013 BETWEEN:

SRI. BABU REDDY S/O RAMAIAH REDDY AGED ABOUT 38 YEARS R/AT NO.62/1, SRIRAMA NILAYA MAHADEVPURA BANGALORE-560048 ... PETITIONER

(BY SRI T NAGARAJA, ADV.)

AND:

1. THE URBAN DEVELOPMENT DEPARTMENT BY ITS SECRETARY,VIDHANA SOUDHA BANGALORE-560001

2. THE COMMISSIONER

BRUHAT BANGALORE MAHANGARA PALIKE N R CIRCLE BANGALORE-560002



THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 28.9.12 PASSED BY R2 VIDE ANNX-E AND IMPUGNED OFFICE MEMORANDUM DATED 16.3.13 ISSUED BY R3 THE JOINT-DEPUTY COMMISSIONER, BBMP, MAHADEVPURA DIVISION BEST, BANGALORE IE., IMPROVEMENT CHARGES ARE CONCERNED VIDE ANNX-A AND ETC.

THESE WRIT PETITIONS HAVING BEEN RESERVED FOR

ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:

178

O R D E R

In all these petitions, the respective petitioners

have sought for issue of writ of certiorari to quash the

circular dated 28.09.2012 issued by the Commissioner,

Bruhat Bangalore Mahanagara Palike (‘BBMP' for short).

The petitioners have also sought to quash the demand

notices of different dates which are issued to the

respective petitioners.

2. The petitioners are all owners of different

extents of lands which are described in their respective

petitions. The said lands were earlier situate within the

jurisdiction of 7 City Municipal Council, one Town

Municipal Council and 110 villages which were included

within the Bangalore Mahanagara Palike i.e. the larger

urban area so as to constitute the BBMP under the

notification dated 16.01.2007. On the said area coming

into the larger urban area of BBMP and according to

BBMP, on finding that several properties therein did

not have proper infrastructure, the same was to be

provided in these areas. As it would involve huge

179

expenditure, the improvement charges are sought to be

imposed on the property owners and collect the same.

Initially when such demand was made as pre-requisite

for change of khatha, such action was questioned in

W.P.No.5035/2008 and connected petitions. While

disposing those petitions on 21.07.2008, this Court was

of the view that in the absence of Rules, such demand

cannot be made.

3. Thereafter the Rules were framed and the

improvement charges were levied and sought to be

recovered prior to change of khatha. Being aggrieved by

the same, the landowners had once again assailed it in

W.P.No.18014/2011 and connected petitions which

were disposed of on 20.04.2012. Though the power to

levy was upheld, the method and manner of

determination of improvement charges was found fault

with and the matter was ordered to be reconsidered.

Though the BBMP has filed an appeal against the order

of the learned Single Judge in W.A. No.2954/2012 and

the same is stated to be pending consideration and

refund of the collected amount is stayed, the BBMP

180

acting on the direction of the learned Single Judge has

re-worked the imposition of improvement charges after

issuing the circular dated 28.09.2012. The petitioners

are therefore before this Court assailing the said

circular and also the demand made based on such

circular.

4. Though the learned senior counsel and the

other learned counsel representing different petitioners

have addressed arguments touching upon the aspects

relating to the power of BBMP to collect such

improvement charges with reference to Section 446 of

the Karnataka Municipal Corporation Act (‘KMC Act’ for

short), the validity of the Rule framed thereunder and in

answer, the learned senior counsel for the BBMP sought

to justify the power exercised, in my opinion, it is not

necessary to notice the contentions on those aspects

specifically and overburden this order as the said

contentions do not arise for consideration herein. I am

of the said opinion for the reason that the said

contentions had arisen for consideration in

W.P.No.18014/2011 and connected petitions. The

181

learned Single Judge has already considered those

aspects and answered the contentions. If at all any of

the parties are aggrieved, they can only urge the same

in the pending appeal. It would not be expedient or

proper for this Court to go into those aspects once over

again but it would only be appropriate for this Court to

proceed further based on the findings that had been

rendered therein.

5. To be more precise about the scope of

consideration herein, it would be appropriate to refer

and notice the questions that were framed for

consideration in the earlier petitions and the manner in

which they were answered. They read as hereunder:

i) Whether the rules framed are beyond the Rule

Making Power of the State and are therefore ultra

virus?

ii) Whether the improvement charge levied is a tax or

is it in the nature of a fee collected for service

rendered. If so, is there any quid pro quo?

iii) Whether Rule 5, which enables the collection of

improvement charges at the time of registration of

Khata and the impugned circular which states that

– failure to collect the amount will subject the

182

Officers concerned for action are contrary to the

provisions of Section 114 of the Act?

iv) Whether the impugned Circular in so far as it lays

down the quantum of improvement expenses to be

collected for sites having different dimensions at

different rates is arbitrary, discriminatory and is

therefore, unsustainable?

v) Whether the Rule Making Authority has the power

to make the Rules operational retrospectively?

6. In answer to the first point, with reference to

Section 466 of KMC Act and Rule 2(b) of the Karnataka

Municipal Corporations (Recovery of improvement

expenses) Rules, 2009 (‘Rules’ for short) the nature of

the work to be carried out is considered and it is held

that the Rule framed to recover the expenses incurred

from the property owners who would be directly or

indirectly benefited is not ultra vires. In answer to the

second point raised, it is held ‘quid pro quo’ does not

mean individual service, but the burden has been cast

on BBMP to show that such newly added localities or

the extensions have been extended such benefit. In that

view, it was held that the Rules framed was not

arbitrary nor is it having unguided power. While

considering the third point the manner of recovery as

183

authorised under Rule 5 was considered keeping in view

the provision contained in Section 114 of KMC Act. In

that regard, with reference to the recovery provided

under Section 467 of KMC Act and on noticing that

improvement charges due would be a charge on the

property has held that Rule 5 which has conferred

power to recover in lumpsum is ultra-vires. Hence it is

held that the mode of collection of improvement charges

is as provided under Section 467 of KMC Act.

7. Thereafter while considering the question of

improvement charges imposed at different rates on

owners having sites of different dimensions, it is held

that such differential levy is not justified. It is

suggested that before such levy is made, a systematic

exercise is to be carried out to list the infrastructure

and the services provided or intended to be provided to

the area included, on a by and large consideration of

‘quid pro quo’. The exercise undertaken earlier was held

as not sufficient as it was not a systematic exercise and

differential rates were levied on the property owners

depending on the size and dimension of the propriety

184

owned. The retrospective effect given to the Rule was

however upheld.

8. The sum and substance of the conclusion

therein is that the BBMP would be entitled to recover

improvement charges towards infrastructure provided

or to be provided in respect of the area which has come

within its jurisdiction but such determination of the

amount to be collected should be uniform, irrespective

of the size of the property and should be based on a

systematic exercise carried out to determine the same.

The recovery of such amount is to be made as provided

under Section 467 of the KMC Act and cannot be linked

to change of khatha.

9. In the above backdrop, since the primary

questions relating to imposition of improvement charges

have already been decided, the validity of the procedure

adopted for determining the amount towards

improvement charges and the nature of recovery

resorted to based on the impugned circular requires to

be examined. Hence, the procedure followed and the

185

manner in which the improvement charges has been

determined is the only aspect which needs

consideration. As noticed, all other aspects relating to

the power to impose improvement charges has already

been considered in the earlier batch of petitions and any

grievance in that regard from either side can only be

considered in the pending writ appeals.

10. In the instant petitions, while assailing the

method of the fixation of the quantum of improvement

charges, the learned senior counsel and the other

learned counsel for the respective petitioners would

point out that in the earlier order, this Court has

directed that a systematic exercise to list out the

infrastructure rendered or to be rendered in the newly

added localities and that by and large, there is ‘quid pro

quo’ is to be determined and only then the improvement

charges could be imposed and recovered. It is

contended that such exercise has not been carried out

since the documents relied on and produced as

Annexures to the objection statement does not disclose

such determination. The cost of entire construction and

186

facilities cannot be burdened on the property owners.

Under Section 87 of the Karnataka Municipalities Act

and BWSSB Act, the amounts incurred by those

authorities has been imposed on the property owners.

In the earlier order itself, it was noticed that the cost in

BDA Layout is Rs.460/- per sq. mtrs and as such

Rs.550/- per sq mtr imposed presently is excessive

when the rate is lesser towards development of virgin

lands including land cost. Further, such improvement

charges is not levied on BDA sites, but levied on a

developer though the layout is developed in similar

manner as the development is made by BDA as

conditions would be imposed for development. Hence,

the same amounts to discrimination. The decisions in

the case of State of Uttar Pradesh and others vs.

Deepak Fertilizers & petrochemical Corporation

Ltd. [(2007)10 SCC 342]; Uttar Pradesh Power

Corporation Ltd vs. Ayodhya Prasad Mishra and

another; [(2008)10 SCC 139] and Aashirwad Films

vs. Union of India and others [(2007)6 SCC 624] are

relied on. The imposition amounts to double levy. In

187

some cases, development charges have been paid to the

earlier dispensation which had jurisdiction over the

area. The method of calculation made in respect of sites

and on the larger extent of undivided lands by adopting

the calculation on sq.meter basis is not intelligible and

is without application of mind. It is contended that if

the same method is applied to the land on acre basis,

the land owner would be paying for the area measuring

about 45% which would have to be provided as roads

and common amenities which would revert to the

planning authority on development being completed.

Further, the improvement charges are being collected

from only the people who approach BBMP for change of

katha, approval of plan etc., which is not sustainable.

In any event, the payment being sought as a pre-

condition for issue of khatha, plan etc., is contrary to

the earlier order of this Court.

11. The learned senior counsel for the respondents

would contend that what is levied is a fee for the

infrastructure provided and as such, there is quid pro

quo, but it need not be on individual basis, but it is for

188

the property owners in the area in general. The learned

senior counsel would point out that the only question

for consideration herein is to decide the amount fixed

and the manner in which it is done. In that regard, the

committee constituted for the said purpose after the

earlier order of this Court had sought information from

different Wards of four zones. Each zone consists of

several wards. The Zonal officers provided information

to the committee on the basis of the work that was

carried out from the year 2007 and the work that is to

be completed. Two wards in each zone were taken at

random and the improvements that were required to be

made and which was listed out, were taken into

consideration. The rate as prescribed by the PWD for

such civil works was taken into consideration and the

expenses that would be incurred was projected and the

average value was worked out and for the remaining

percentage of the work, the amount was calculated.

The standing committee considered the same and

approved the improvement fee to be charged at

Rs.550/- per sq mtr. The BBMP council has thereafter

189

approved the same. The budget proposal was thus

taken into consideration. Based on all the above

materials, the charge was fixed at Rs.550/- per sq. mtr

and was shown in the impugned circular which would

work out to Rs.51/- per sq ft and the derivative thereof

is worked out for the sites of different dimension and

also for the land on acre basis. The BBMP has to

deposit large amounts to BWSSB for the purpose of

providing water and sewage connections. Hence, the

decision is not unreasonable. Further as contemplated

under Section 467, the instalment facility is also

provided and a circular dated 05.01.2013 is issued

which is in confirmity. The collection of the

improvement fee in respect of larger extent on acre basis

is also in the interest of the ultimate purchasers as

otherwise the developers may dispose of the property

without payment of the improvement charges.

12. Having noticed the rival contentions and since

it is seen that all aspects of the matter had been

considered in W.P.No.18014/2011 and connected

petitions and this Court had found fault with the

190

method of determination of the improvement charges

and had thereafter indicated the manner in which it is

to be done, it is necessary to notice the observations

made in paragraph-48 of the order dated 20.04.2012

which reads as hereunder:

48. It is thus, clear that there must be

infrastructural facilities already provided or to be

provided to certain properties that have been

benefited or likely to be benefited for such

improvement expenses. Though, the relationship

between the service rendered and the fee collected

cannot be established with is mathematical

exactitude, there should be relationship between the

service rendered and the fee collected and that

relationship has to be reasonable. Unless, the

Corporation makes a systematic exercise to list out

the infrastructure and the services that is required

or intended to be rendered to the newly added

localities or extensions into the BBMP and unless it

shows that by and large there is a quid pro quo, it

cannot be said that there is a reasonable

relationship between the levy of the fee and the

service rendered. Unless, such reasonable

relationship between the two is established, the

action cannot stand the test as laid down in the

decision of the Hon’ble Apex Court in the case of

SRINIVASA GENERAL TRADERS VS. STATE OF

ANDHRA PRADESH - (1983)4 SCC 353. Again in the

191

recent decision of the Apex Court in the case of

BANGALORE DEVELOPMENT AUTHORITY VS.

AIRCRAFT EMPLOYEES CO-OPERATIVE SOCIETY

LTD., AND OTHERS in CIVIL APPEAL NOS.7503-

7537/2002 DECIDED ON 24.01.2012, the Apex

Court after referring to the judgment in Srinivasa

General Traders case and several other judgments

rendered earlier including the judgment in the case

of OM PRAKASH AGARWAL ETC., VS. GIRI RAJ

KISHORI AND OTHERS – AIR 1986 SC 726 and in

the case of ITC LIMITED VS. STATE OF

KARNATAKA – 1985(SUPPL.) SCC 476, it is made

clear that the element of quid pro quo is not

possible or even necessary to be established with

arithmetical exactitude. But it must be established

broadly and reasonably that the amount was being

spent for rendering services to those on whom the

burden of fee falls. In the said judgment, the Apex

Court while repelling the challenge made to the

condition imposed by the BDA requiring the House

Building Co-operative Society Limited for

augmentation of electricity and transportation etc.,

has held that the same could not be termed as the

demand made by the BDA that amounts to levy of

tax and was ultra vires Article 265 of the

Constitution.

(emphasis supplied)

13. From a reading of the emphasized portion, it

is seen that this Court had clearly indicated that unless

192

a systematic exercise to list out the infrastructure and

the services that is required or intended to be rendered

to the newly added locality or extensions is made and

unless it shows that there is by and large quid pro quo,

the levy of fee would not be justified.

14. That being the case, in order to contend that

a systematic exercise has been undertaken by listing

out the infrastructure to be provided and the cost that

would be incurred for providing the same, calculated on

the basis of the PWD rates, the learned senior counsel

for the respondent has relied upon the report dated

21.07.2012 of the committee which had been set up for

the said purpose (Annexure-R.1). The details of the work

required to be undertaken as listed out, as also the cost

incurred in respect of the sub-divisions in each zone

which is enclosed to the report at Annexure-R.2 is also

referred to.

15. In order to consider as to whether the said

exercise would satisfy the requirement as indicated by

this Court, a perusal of the report of the committee

193

would disclose that the committee met on four dates

indicated therein and had taken note of the expenses

that would be incurred towards road construction,

drainage and street lighting in respect of the layout.

Such expenses that would be required in

Mahadevapura, Bommanahalli, Yelahanka and

Rajarajeshwarinagar divisions were taken into

consideration. The expenses to be incurred was taken

in relation to the area of the land for which it was

provided and accordingly, the cost per sq. mtr was

worked out in respect of the four zones which were at

Rs.878/-, Rs.1070/-, Rs.1054/- and Rs.880/-

respectively. The average of the expenses in relation to

the four zones was taken at Rs.970/- per sq. mtr. Since

at an earlier point some amount had been collected and

expended, a deduction of 40% was made towards the

expenses already incurred and therefore the cost was

worked out at Rs.560/- per sq. mtr. and was rounded of

to Rs.550/- per sq.mtr and recommendation for

collection of the same was made. The standing

committee and the Council has approved the same. In

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that view, the circular dated 28.09.2012 was issued

fixing the said amount and directing collection of the

same in the manner indicated therein.

16. The above process would no doubt indicate

that certain procedure has been followed, but the

question for further consideration is as to whether the

manner in which the amount has been determined

would indicate that it is based on a systematic exercise

to list out the infrastructure provided and required to be

provided in the newly added localities or extensions. To

look into this aspect of the matter, at the outset, it is

also necessary to notice that the improvement charges

sought to be collected is only in respect of particular

type of properties by exercising the power under Section

466(b) of the Act and not all properties which are situate

within BBMP jurisdiction. It is therefore sought to be

recovered as provided under the Rules that has been

framed for the purpose. To that extent, there is no

difficulty, as such imposition is held as not

discriminatory as seen from the decision in the case of

Bangalore Development Authority vs. Aircraft

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Employees’ Co-operative Society Ltd and ors

(2012(3) SCC 442) relied upon by the learned senior

counsel for the respondents and that decision was also

considered in the earlier order.

17. In that view, a perusal of the Karnataka

Municipal Corporation (Recovery of improvement

expenses ) Rules 2009 at Rule 2(b) defines ‘improvement

expenses’ while Rule 3 would provide with regard to the

type of property liable for levy of expenses incurred as a

fee. It would be appropriate to extract the said provision

and notice the requirement for the purpose of better

understanding:

2(b) “improvement expenses” means such of

the improvement expenses incurred by the

Commissioner under clause (b) of section 466 of

the Act and also includes expenses pertaining to

the following works namely:-

i) formation of roads by metaling, asphalting,

leveling of roads, improvement of roads,

concreting of roads, construction of bridges

and flyovers to reach a group of houses or

locality or an extension;

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ii) formation of drains, improvement of drains,

coverage of drains;

iii) providing water supply, sewerage, system

treatment plants, construction and

improvement storm water drains;

iv) providing street lighting, road median

lighting, park, play ground and other lights

in public places; and

v) such other works and civic amenities as may

be notified by the State Government, by

notification.

3. Property liable for levy of expenses.-

Improvement expenses shall be levied and

recovered on the properties that are directly or

indirectly benefited as a result of the improvement

expenses incurred by the Commissioner towards

creation of basic infrastructure and for such other

works to improve the general living condition of

citizens and includes expenses incurred on land

newly converted from agriculture use to non-

agricultural purposes.”

(emphasis supplied)

18. If Rule 2(b) and the emphasized portion in

Rule 3 are construed together, the amount incurred by

the Commissioner towards improvement expenses

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should be expenses incurred towards creation of basic

infrastructure and for such other works to improve the

general living conditions of the citizens and includes

expenses incurred on land newly converted from

agriculture use to non-agricultural purpose. Though

the learned senior counsel for the respondents has

relied on the decision of the Hon'ble Supreme Court in

the case of Sona Chandi Oal Committee and ors vs.

State of Maharashtra [(2005)2 SCC 345) to contend

that when a fee is being imposed, it is not necessary

that it should be uniform or that quid pro quo is a must

and an overall purpose of the imposition, if shown is

sufficient, the said decision would not be of much

assistance herein since the fee sought to be collected is

based on a Rule which enumerates the purpose of such

levy on a particular class of property owners. Hence,

what is provided in the Rules is to be construed.

19. Hence, while keeping the instant Rules in

perspective, what cannot also be lost sight is that even

in respect of the other areas which fall within the

jurisdiction of the Mahanagara Palike i.e., the areas

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which constituted BMP prior to 2007, the BBMP has a

duty to maintain and improve the common facilities.

For example, Section 222, 266 etc., of the KMC Act

enjoins upon the Corporation to maintain the public

streets, water lines, sewers, repair and make

improvements thereto which are necessary for public

safety or convenience. Therefore, though the collection

of improvement charges cannot be said as

discriminatory, when the BBMP is even otherwise

required to carry out maintenance and improvement

work in all areas and when such work is carried out by

incurring the expenses from its funds which are

collected by way of property tax etc, whether the details

of the construction provided in Annexure-R.2 would by

itself be sufficient to indicate that the said expenses are

not for the regular maintenance but is incurred towards

creation of basic infrastructure as provided under Rule

2(b) and 3 of the Rules is a matter which requires

consideration, before this Court accepts the mere

preparation of the estimate for a particular year as a

systematic exercise carried out by listing out the

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infrastructure that is required to be undertaken as

indicated by this Court in its earlier order.

20. In that regard, in the instances taken at

random by the respondents for consideration of the

same by the committee in respect of two wards each

from the four different zones which fell for consideration

before the committee and relied upon before this Court

as Annexure-R.2 series needs closer scrutiny. If the list

containing the work relating to Rajarajeshwarinagar

Zone is taken as an instance, it is indicated as the

BBMP estimate for 2011-12 and the nature of the work

to be undertaken in the particular area as listed out

therein. Though it indicates the expenses that would be

incurred for undertaking the said work during the said

financial year, it is for the period after nearly four years

since the area has come within the jurisdiction of

BBMP. From the document by itself, it cannot be

gathered as to whether the works listed therein is by

way of creation of infrastructure or as to whether it is

towards the regular maintenance and upkeep work of

the area like in all other areas including the old BMP

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area regarding which in any event a duty is cast on the

BBMP as indicated above. The committee though is

stated to have met on four occasions and have

ultimately resolved on 21.07.2012, the consideration

therein does not indicate that the committee has

bestowed its attention to any other materials available

on record to conclude that the said area when it was

handed over to the BBMP did not have the basic

infrastructure and as such the amount being incurred

is for creation of such infrastructure. The estimate

looked into is for the year 2011-12 since the amount

worked out therein is indicated in tabular form in the

report and not the list of entire work undertaken from

2007 to provide infrastructure and the additional work

that is required, except making a vague reference that

the Engineering department has estimated from 2008-

09 onwards and the rate would be as stated therein. In

the absence of the same, as to how the committee has

arrived at a conclusion that 40% work is already

undertaken and the rate for remaining work was fixed is

not clear and the entire consideration appears to be very

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casual which certainly cannot be accepted as a

systematic exercise.

21. An objective consideration was required more

so due to the fact that the liability for payment of

improvement charges is being cast only on the property

owners whose property is situate within the new areas

which has been included in the larger urban area to

constitute the BBMP and such imposition of

improvement charges is not levied on the property

owners who own properties in the areas which existed

within the BMP jurisdiction before it became BBMP.

Therefore, when a higher liability is cast on one class of

citizens though as a fee on quid pro quo basis for a

specific purpose as provided under the Rules, that class

of citizens should be satisfied that they are getting more

facilities than the usual facilities which is being

provided to all the other citizens so as to bring it on par

with the old area which has such infrastructure, which

this area did not have and to that extent, the quid pro

quo as indicated would be satisfied though it need not

be with mathematical exactitude as indicated in the

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earlier order. Hence, in my opinion, at least the

minimum exercise of ensuring the same should have

been undertaken.

22. As noticed, while presently fixing the amount

at Rs.550/- per sq mtr, the exercise carried out is to

look into the work that would be undertaken in two

wards in each of the four zones for the years 2011-12.

At that stage of determination, such random

consideration would no doubt be sufficient and there

need not be reference to every nook and corner, but

what is conspicuous is that even in respect of those two

wards, there is no demarcation as to what is provided as

infrastructure since 2007, though having only taken

note of the estimate of 2011-12. Certainly, the work of

maintenance and upkeep such as asphalting of roads,

construction/improvement of culverts, street lighting

etc would be carried out in the old BMP area also in

view of the statutory duty under the Act and in this

regard, the estimate towards the expenses for the years

2011-12 would have also been prepared in respect of

those areas as well. The committee has not made any

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reference to that aspect of the matter to consider as to

whether there is a marked difference towards the

expenses incurred or to be incurred in the different

wards of the old BMP areas as compared to the

presently included BBMP areas so as to conclude that if

there is greater expenses incurred in the newly added

areas of BBMP, the same is towards the additional

infrastructure that was required to be provided in the

newly added areas. Such random sampling as done

presently could have been done in respect of the old

area for such comparison and it could have also been

one of the exercise to compare the nature of the

additional expenses and thereafter to conclude that

such additional expenses is for creation of

infrastructure and as to whether the additional

expenses incurred in newly added area as compared to

the old area should alone be construed as the

improvement expenses keeping in view the definition of

Rule 2(b) and requirement of Rule 3 of the Rules as it

provides regarding creation of infrastructure.

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23. It is in that regard, the contention that the

earlier local authority within whose jurisdiction the

property was situate would have provided same amount

of facility also becomes relevant and the BBMP in all

cases cannot construe it as if they are developing the

land for the first time as being done by BDA, KHB etc.

Such other methods which would have also resulted in

a systematic consideration could have been followed

instead of merely listing out the work that is to be

undertaken and divide the expenses for the areas

situate in the Ward and working it out for the sites of

different dimension and on acre basis. The rationale

behind such imposition also does not appear to be fair.

As per the calculation presently provided if a property

owner owns one acre of land in the area which has

come within the BBMP, he would have to presently pay

the improvement charges of Rs.22,26,580/-. This has

no relation to the manner in which the property would

be utilized by such owner if it is still vacant or the

manner in which it has been developed, if such property

is already developed in a particular manner. At first

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blush, it will appear as a buy back. No doubt, if the

property is developed to construct huge complex either

residential or commercial, it will be a burden on the

existing infrastructure which may not be sufficient.

But, at the same time, there are also bye-laws in place

to regulate these aspects from the stage of grant of

licence. The manner in which it should be imposed on

different types of utilization of such properties are all

matters which should go into a systematic exercise to be

done by the respondents who are not only the statutory

authorities, but are also experts in the field. The

decision taken by them should appeal to the Court as

fair and reasonable. The present exercise undertaken

does not give such impression.

24. One other aspect of the matter is also that the

improvement charges are being collected only in respect

of private layouts which are not approved by BDA or

any other local authority and land converted for non-

agriculture. This has been stated in the additional

objection statement and it is clarified that the layouts

formed by KHB, BDA, KIADB, KSSIDC etc, no

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improvement charges are levied, which in effect would

mean that it would not be imposed on owners of sites in

private layout if it is approved by BDA or any other local

authority. Hence, that exercise to separate the grain

from the chaff also has to take place either before the

improvement charge is worked out or before it is

demanded. The learned senior counsel appearing for

the petitioners has also referred to some of the

petitioners having formed the layout in accordance with

law and also having deposited amount with BWSSB,

BESCOM etc. Similarly, learned counsel for the

petitioner in W.P.No.45223/2012 has referred to

payment of betterment charges made to the panchayat.

Therefore, in such cases, the owners should have an

opportunity to establish compliances when the property

was situate in the earlier dispensation so as to eliminate

double levy. Hence, at least after determination and

when the demand is made, an opportunity should be

available to seek deduction or adjustment on

submission of proof of payment. A method should be

deviced in this regard if the respondent would not be in

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a position to do it earlier. If this and all the other

aspects noticed above are taken into account, the

present exercise followed would not satisfy the

requirement stated by this Court. The matter requires

reconsideration by the respondents.

25. That being the position, the impugned circular

dated 28.09.2012 fixing the amount of improvement

charges at Rs.550/- per sq. mtr and seeking recovery of

the same is not sustainable. Further, the demand

notices issued to the petitioners in the present

circumstance is also liable to be set aside. Despite this

Court in the earlier order dated 20.04.2012 holding that

the payment of improvement charges cannot be made a

condition for change of khatha, in several of the

endorsements issued to the petitioners in response to

the application for change of khatha/registration of

khatha etc., such condition is imposed. This Court had

considered the provision in Section 467 of the KMC Act

and has held that in such circumstance, change of

khatha cannot be made conditional. No doubt,

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subsequently a circular dated 05.01.2013 is issued

which is inconsequential at this stage.

26. In the result, the following;

ORDER

i) The above writ petitions are allowed in part.

ii) The circular dated 28.09.2012 which is

impugned in all these petitions is quashed.

iii) As a consequence, the demand notices

issued for payment of improvement charges

at the rate of Rs. 550/- per sq.mtr. and also

making it a pre-condition for registration/

transfer / bifurcation / amalgamation of

khatha, grant of sanction plan etc. is held

unsustainable.

iv) The statutory respondents are directed to

consider the request of the petitioners for

registration / transfer / bifurcation /

amalgamation of khatha, grant of sanction

plan etc., in accordance with law, if they are

otherwise entitled to.

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v) The respondents are reserved liberty to re-do

the process afresh to determine the

appropriate improvement expenses in the

light of the observations made in the order

dated 20.04.2012 in W.P.No.18014/2011

and connected petitions and the

observations made hereinabove.

vi) The improvement charges paid in part or in

full by any of the petitioners, will remain

subject to re-determination and adjustment

or adjustment towards any other future

demands.

vii) In view of disposal of the petitions, all

pending IAs also stand disposed.

viii) No order as to costs.

Sd/- JUDGE akc/bms

Documents

BEFORE THE HON’BLE MR. JUSTICE A S BOPANNAjudgmenthck.kar.nic.in/judgments/bitstream/123456789/...3 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA,