Disposed¶36

Lexington Terrace Residents Owners Association v. Bangalore Development Authority

Karnataka HC29 Oct 2025WP/9884/2025

Case brief

AI extract

What is this about?

Occupancy Certificate; Bangalore Development Authority; BDA Complex HSR Layout; Lexington Terrace Residents Owners’ Association; Haralur Road, Ambalipura Village, Bengaluru; writ of mandamus; Articles 226 and 227 Constitution of India; Karnataka Societies Registration Act, 1960; Annexure-F; application dated 18.08.2018; eight-week outer limit; writ petition disposed; WP No.9884 of 2025; NC:2025:KHC:43347; Justice K.S. Hemalekha.

What did the court decide?

Direction to the respondent (Bangalore Development Authority) to consider the petitioner's application/representation dated 18.08.2018 (Annexure-F) seeking issuance of Occupancy Certificate for 'Lexington Terrace' and pass orders in accordance with law within an outer limit of eight weeks from the date of receipt of a certified copy of the order. ¶36

Lexington Terrace Residents Owners Association Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent (Bangalore Development Authority) should be directed, by writ of mandamus, to issue the Occupancy Certificate for the residential apartment 'Lexington Terrace' and decide the petitioner's application/representation dated 18.08.2018 (Annexure-F).

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Court's answer

The Court held that the petitioner's grievance stands redressed if an appropriate direction is issued to the respondent to consider the petitioner's application/representation dated 18.08.2018.

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Ratio / Principle

The respondent is directed to consider the petitioner's application/representation dated 18.08.2018 (Annexure-F) seeking issuance of Occupancy Certificate in respect of 'Lexington Terrace' and to pass orders in accordance with law within an outer limit of eight weeks from receipt of a certified copy of the order.

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Detailed headnote1 paragraphs

Karnataka High Court at Bengaluru (Justice K.S. Hemalekha), Oral Order dated 29 October 2025 in Writ Petition No.9884 of 2025 (BDA), filed under Articles 226 and 227 of the Constitution of India: Lexington Terrace Residents Owners’ Association, registered under the Karnataka Societies Registration Act, 1960, sought a writ of mandamus directing the Bangalore Development Authority to issue an Occupancy Certificate for the residential apartment ‘Lexington Terrace’, Site No.7, Sy. No.27/2, Haralur Road, Ambalipura Village, Bengaluru, its application/representation dated 18.08.2018 (Annexure-F) having elicited neither the Certificate nor any communication. Learned counsel for the respondent submitted the application would be considered in accordance with law within a reasonable time; placing that submission on record, the Court disposed of the writ petition with a direction to the respondent to consider the application and pass orders in accordance with law within an outer limit of eight weeks from receipt of a certified copy of the order.

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NC: 2025:KHC:43347 WP No. 9884 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF OCTOBER, 2025

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BEFORE

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THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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WRIT PETITION NO.9884 OF 2025 (BDA)

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BETWEEN:

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LEXINGTON TERRACE RESIDENTS OWNERS’ ASSOCIATION LEXINGTON TERRACE, NO.27/2/7, HARALUR ROAD, OFF SARJAPUR ROAD, AMBALIPURA, VARTHUR HOBLI, BENGALURU-560 102. REPRESENTED BY ITS PRESIDENT, COL M.S. PARAMESHWARAN (RETD.) …PETITIONER

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(BY SRI ALFRED AROAN JOSEPH, ADVOCATE FOR SRI PRADEEP S. SAWKAR, SUNDARSWAMY AND RAMDAS, ADVOCATES)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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BANGALORE DEVELOPMENT AUTHORITY, BDA COMPLEX, HSR LAYOUT, BENGALURU-560 102, REPRESENTED BY THE EXECUTIVE ENGINEER. …RESPONDENT (BY SRI B.S. SACHIN, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE OCCUPANCY CERTIFICATE IN RESPECT OF RESIDENTIAL APARTMENT “LEXINGTON TERRACE” AT SITE NO.7, SURVEY NO.27/2, HARALUR ROAD, AMBALIPURA VILLAGE, BENGALURU-560102 AND ETC.,

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:43347 WP No. 9884 of 2025

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HC-KAR

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CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL ORDER

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The petitioner has filed this Writ Petition seeking a writ of mandamus directing the respondent to issue an Occupancy Certificate in respect of residential apartment known as ‘Lexington Terrace’ at site No.7, Sy. No. 27/2, Haralur Road, Ambalipura Village, Bengaluru, and to consider the application/representation dated 18.08.2018 at Annexure-F submitted by the petitioner’s Association for such purpose.

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Heard learned counsel for the petitioner and learned counsel for the respondent.

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The petitioner is an Association registered under the Karnataka Societies Registration Act, 1960 formed for the welfare and maintenance of the apartment building named ‘Lexington Terrace’. The developer had obtained the necessary building licence, NOC and clearance certificate from the Fire Department. The petitioner - Association submitted an application dated 18.08.2018 to

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3 - NC: 2025:KHC:43347 WP No. 9884 of 2025

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HC-KAR

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the respondent enclosing requisite documents, requesting

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the issuance of the Occupancy Certificate.

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It is the grievance of the petitioner that despite submission of the said application/representation along with all necessary documents, the respondent has neither issued the Occupancy Certificate nor communicated any decision till date.

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Learned counsel for the respondent submits that the petitioner’s application/representation dated

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18.08.2018 will be considered in accordance with law, within a reasonable time.

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The said submission is placed on record.

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In view of the above, the grievance of the

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petitioner stands redressed if an appropriate direction is issued to the respondent to consider the petitioner’s application/representation dated 18.08.2018. Accordingly,

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this Court pass the following :

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ORDER

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(i) Writ Petition is disposed of.

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NC: 2025:KHC:43347 WP No. 9884 of 2025

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HC-KAR

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(ii) The respondent is directed to consider the petitioner’s application/representation dated 18.08.2018 (Annexure-F) seeking issuance of Occupancy Certificate in respect of residential apartment ‘Lexington Terrace’ and to pass orders in accordance with law within an outer limit of eight weeks from the date of receipt of a certified copy of this order.

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Sd/-

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______________________ JUSTICE K.S. HEMALEKHA

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CKL List No.: 1 Sl No.: 56

Lexington Terrace Residents Owners Association v. Bangalore Development Authority

Case brief

What is this about?

What did the court decide?

Lexington Terrace Residents Owners Association v. Bangalore Development Authority

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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