The High Court of Karnataka granted a brief liberty to petitioner for amalgamation of sites to enable proper filing of plan sanction application. The current petitions challenging the rejection were disposed of as premature.
Liberty granted to petitioners to get sites amalgamated before seeking sanction of plan. Present petitions disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL 2016
BEFORE
THE HONOURABLE MR.JUSTICE ANAND BYRAREDDY
WRIT PETITION NOS.5278 – 5279 OF 2016 (BDA)
Between:
Both are residing at No.147/7, Sree Rama Road 2nd Block, Thyagarajanagar, Bengaluru 560 028. …Petitioners
(By:Sri N.R.Nayak, Advocate for Sri M.Prakasha, Advocate)
And:
(By:Sri. G S Kannur, Advocate for R1 and R2 Smt.Shwetha Krishnappa, HCGP for R3)
These writ petitions are filed under Article 226 and 227 of the Constitution of India praying to set aside the endorsement issued by respondent dated 14.1.2016 at Annexure-J and etc.
These Writ Petitions coming on for orders this day, the court made the following:
O R D E R
The present petitions having been filed challenging the rejection of application for sanction of plan by the petitioners in respect of two independent sites without getting the same amalgamated, the order passed cannot be faulted.
place in order to seek such sanction of plan.
Sd/JUDGE
VGR
2 issues framed by the court
Whether the order rejecting the application for sanction of plan merits being set aside.
Whether petitioners could have amended their applications by amalgamating sites.
Sri N.R.Naik and Smt.Sheela Naik
The Commissioner Bangalore Development Authority
Engineer Member Planning Authority, Bangalore Development Authority
The State of Karnataka
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court