ALEEMULLA KHAN Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In these writ petitions filed under Articles 226 and 227 of the Constitution of India, petitioners are aggrieved by Communication dated 21-07-2016 issued by the second respondent-Engineer Officer-2, Bangalore Development Authority (hereinafter referred to as 'the BDA' for short), Bangalore, vide Annexure-A thereby revoking the building plan sanctioned by BDA for constructions of Golf Course together with ancillary uses such as Guest Houses and a Club House in Sy.Nos.27 to 42 and Sy.No.56 of Vaderahalli village, Bidarahalli Hobli, Bengaluru East Taluk with a further direction to the petitioners to immediately stop further work on the structures pertaining to Guest Houses and also to remove the structures already constructed.

(2.) The facts leading to these writ petitions, briefly stated are that: First petitioner is the owner of the lands bearing Sy.Nos.27 to 42 and Sy.No.56 of Vaderahalli village, Bidarahalli Hobli, Bengaluru East Taluk admeasuring 101 acres 29 guntas. Petitioners applied for conversion of these lands for non-agricultural purpose. The Deputy Commissioner, Bangalore District, Bangalore passed an order dated 17-10-2012 permitting conversion of the lands for non-agricultural uses. The said order is produced at Annexure-B. One of the conditions stipulated in the order of conversion as could be seen from Clause 5 is that petitioners shall not put up any construction without obtaining sanctioned plan from the competent authority.

(3.) The petitioners applied to the Bangalore Development Authority seeking to establish a Golf Course and put up construction of Guest houses and a Club house in the lands in question. In pursuance thereof, as per the Resolution bearing No.17/2013 dated 17-01-2013 and 21-01-2013, the BDA resolved to grant permission for establishing Golf Course along with Ancillary uses like construction of Administrative office, guest rooms/guest houses and dining facilities up to maximum 20% of the sital area subject to building heights of G+1. Copy of this resolution is placed for perusal of the Court along with a memo dated 03-10-2017.