The High Court dismissed the writ petition challenging the technical approval of a residential layout plan as premature, noting that the planning authority had not yet taken a decision on final approval under the Karnataka Town and Country Planning Act, 1961.
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 19TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 3586 OF 2024 (LB-RES)
BETWEEN:
SRI. KRISHNAPPA @ M.V. KRISHNEGOWDA SON OF LATE VISHAKANTE GOWDA AGED ABOUT 65 YEARS R/AT MYDANAHALLI VILLAGE ILVALA HOBLI, MYSURU TALUK MYSURU DISTRICT 570 021
…PETITIONER
(BY SRI. FAYAZ SAB B G., ADVOCATE)
AND:
Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA
MYSURU URBAN DEVELOPMENT AUTHORITY COMPLEX, RAMAKRISHNA NAGAR I BLOCK, MYSURU 570 022
…RESPONDENTS
(BY SMT. SPOORTHI V., HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE AND QUASH THE IMPUGNED RESIDENTIAL LAYOUT PLAN VIDE ORDER BEARING NO.JAM.NI.MY/NA.YO(2)/V.NA.A/15/2017-18, DTD 22.06.2017 WHEREIN ISSUED A TECHNICAL APPROVAL TO THE RESIDENTIAL LAYOUT FORMED ILLEGALLY BY INCLUDING THE SCHEDULE PROPERTY WHICH IS NOT A PART OF LAYOUT AND THE LAYOUT APPROVED AND ISSUED BY THE R2 WHICH IS PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS HON'BLE COURT AND MARKED AS ANNEXURE-R AS ILLEGAL, ARBITRARY, CAPRICIOUS AND THE SAME IS APPROVED IN VIOLATION OF SECTION 76-O(iii) OF THE KARNATAKA TOWN AND COUNTRY PLANNING ACT, 1961 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition seeking for quashing of residential layout plan dated 22.06.2017, wherein issued a Technical approval to the residential layout formed illegally by including the schedule property which is not a part of layout and the layout approved and issued by respondent No.2 vide Annexure-R is illegal, arbitrary and also sought for mandamus directing respondent Nos.2 and 3 to initiate appropriate steps to cancel or revoke the impugned residential layout plan dated 22.06.2017.
Mysuru Taluk, by illegally including the schedule property by approving impugned layout plan which is exclusively belong to the petitioner. He submits that impugned layout plan issued a Technical approval to the residential layout formed illegally by violating the provisions of Karnataka Town and Country Planning Act, 1961 (for short 'the Act, 1961). Hence, on these grounds, he prays to quash Annexure-R.
submissions of the learned counsel for the parties.
17. Sanction for [single plot or sub-
division] of plot or lay-out of private street. [(1) The State Government shall by rules prescribe the standards to be followed and minimum extent of Land to be considered for approval of Layout for sub dividing a plot and prescribe the minimum extent of area to be earmarked for park, open spaces and civic amenity sites and laying out roads. Every person who intends to [develop a single plot or] sub divide his plot by making a layout on or after the date of the publication of the declaration of Local Planning Area under section 4-A, shall submit detailed plan of the layout of his plot showing layout of roads, sub-divided plots and earmarking area for park and open spaces and civic amenities to such extent and in such manner, as prescribed.
(2) The Planning Authority may, within the prescribed period, sanction such plan either without modification or subject to such modifications and
conditions as it considers expedient or may refuse to give sanction, if the planning authority is of the opinion that such plan is not in any way consistent with the proposals of the Master Plan.
Provided that where the Master Plans are not finally approved, in such cases the Planning Authority may sanction the layout plan as per the guidelines issued by the Government from time to time.
6. As per Section 17(1) the State Government has
to follow the rules prescribed to consider for the approval of the layout prescribed in the minimum extent of land for park, open spaces and civic amenities, sites and laying out roads and as per section 4-A of the Act of 1961, shall submit a detailed plan of layout showing layout of roads etc. The Planning Authority within a prescribed period, sanction such plan either without modification or subject to such modification or may refuse to give sanction and further the Planning Authority is of the opinion that such plan is not in any way consistent with the proposals of the Master Plan. Further, the authority must decide to sanction the layout under Section 2 which shall sanction
NC: 2024:KHC:33577 WP No. 3586 of 2024
approval of layout in accordance with such rules. The Planning Authority after completion of all the development works on obtaining the certificate of completion from the concerned authorities may issue a final layout plan and further, no commencing certificate or license will be sanctioned or issued for building or sites unless final layout plan is issued.
issued provisional layout plan to respondent No.5. the respondent No.5 is yet to fulfill the conditions mentioned in Section 17 of the Act, 1961. The writ petition filed by the petitioner challenging only the Technical approval is premature as the Planning Authority has not agreed to final approval as required under Section 17 of the Act, 1961. Hence, the writ petition filed by the petitioner is premature. I do not find any grounds to entertain the writ petition.
NC: 2024:KHC:33577 WP No. 3586 of 2024
ORDER
The writ petition is dismissed.
Liberty is reserved to the petitioner, in case if the Planning Authority issues a final approval, the petitioner may challenge the same in accordance with law.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
1 issue framed by the court
Whether a writ petition challenging only the Technical approval of a residential layout plan is maintainable before the issuance of final approval?
3 provisions across 2 enactments
SRI. KRISHNAPPA @ M.V. KRISHNEGOWDA
THE STATE OF KARNATAKA
THE JOINT DIRECTOR URBAN AND RURAL PLANNING DEPARTMENT
THE ASSISTANT DIRECTOR URBAN AND RURAL PLANNING DEPARTMENT
THE PANCHAYATH DEVELOPMENT OFFICER
SMT. T.P PRIYANKA
ASHOK S.KINAGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
