- 1 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 13234 OF 2024 (LB-RES) C/W WRIT PETITION NO. 4036 OF 2022 (LB-RES) IN WP No. 13234/2024 BETWEEN: SRI R SRIKANTH NAIK AGED ABOUT 61 YEARS, S/O RAMACHANDRA NAIK, BEHIND LB COLLEGE, JOG ROAD, SAGARA, SHIVAMOGGA DISTRICT 577401 …PETITIONER (BY SRI. P.P. HEGDE., SR. COUNSEL FOR SRI. PRAMOD MALLUR., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ M S BUILDING, 3RD FLOOR 3RD GATE, BENGALURU 560001. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, PO BOX NO 127, KUVEMPU ROAD, SHIVAMOGGA 577201 Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 3. THE EXECUTIVE OFFICER TALUK PANCHAYAT, COURT ROAD, SAGARA, SHIVAMOGGA DISTRICT 577401 4. THE PANCHAYAT DEVELOPMENT OFFICER KANDIKA VILLAGE PANCHAYAT, KANDIKA SAGARA TALUK, SHIVAMOGGA DISTRICT 577401. 5. 6. PRUTHVI DEVELOPERS REGISTRED PARTNERSHIP FIRM HAVING ITS OFFICE NEAR ST JOSE SCHOOL LAGANA KALYANA MANDIRA ROAD, GADIKOPPA, SHIVAMOGGA 577401 REPRESENTED BY ITS MANAGING PARTNER S CHANDRASHEKAR DEPARTMENT OF TOWN & COUNTRY PLANNING M.S.BUILDING, GATE 4, AMBEDKAR VEEDHI BENGALURU-560001 BY ITS DIRECTOR …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 & R6 SRI. B J SOMAYAJI ADVOCATE FOR R2 TO R4., SRI. P.N. HARISH., ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE BEARING DTD 22.09.2022 ISSUED BY THE R-4 VIDE ANNX-M AND CONSEQUENTLY DIRECT THE R-4 VIDE ANNX-M AND CONSEQUENTLY DIRECT R-4 PANCHAYAT KANDIKA TO RELEASE 62 PERCENT OF SITES IN THE LAYOUT IN FAVOUR OF PETITIONER AS PER MEMORANDUM BEARING NO. DTD 03.02.2022 ISSUED BY THE R-3 TALUK PANCHAYAT SAGARA VIDE ANNX-E AND ETC. - 3 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 IN WP NO. 4036/2022 BETWEEN: PRUTHVI DEVELOPERS A REGISTERED PARTNERSHIP FIRM, HAVING ITS OFFICE NEAR ST.JOSE SCHOOL LAGANA KALYANA MANDIRA ROAD, GADIKOPPA, SHIVAMOGA 577401. REPRESENTED BY ITS MANAGING PARTNER S.CHANDRASHEKAR ...PETITIONER (BY SRI. P N HARISH.,ADVOCATE) AND: 1. ZILLA PANCHAYAT PO BOX NO.127, KUVEMPU ROAD, SHIVAMOGGA 577201, REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. TALUK PANCHAYAT COURT ROAD, SAGARA 577401, SHIVAMOGGA DISTRICT REP. BY ITS CHIEF EXECUTIVE OFFICER. 3. KANDIKA VILLAGE PANCHAYAT KANDIKA, SAGARA TALUK 577401, SHIVMOGGA DISTRICT, REP BY ITS PANCHAYAT DEVELOPMENT OFFICER 4. R SRIKANTH NAIK AGED ABOUT 55 YEARS, S/O RAMACHANDRA NAIK, BEHND LB COLLEGE, JOG ROAD, SAGARA-577401, SHIVAMOGGA DISTRICT. - 4 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 5. 6. JOINT DIRECTORATE OF TOWN AND COUNTRY PLANNING DIVISIONAL OFFICE MULTISTORIED BUILDING, 4TH GATE DR.B.R.AMBEDKAR VEEDHI BENGALURU-560001. TOWN & COUNTRY PLANNING DEPARTMENT BY ITS DIRECTOR MULTISTORIED BUIDLING, 4TH GATE DR.B.R.AMBEDKAR VEEDHI BENGALURU-560001. ...RESPONDENTS (BY SRI. B J SOMAYAJI ADVOCATE FOR R1 TO R3., SRI. P.P. HEGDE., SR. COUNSEL FOR SRI. PRAMOD MALLUR., ADVOCATE FOR R4., SRI. SESHU V., HCGP FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MEMORANDUM DTD 03.02.2022 VIDE ANNX-N ISSUED BY THE R-2 AND GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF THE IMPUGNED MEMORANDUM DTD 03.02.2022 VIDE ANNX-N ISSUED BY THE R-2. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Since the issue in these two writ petitions are interconnected, the writ petitions were clubbed, heard together and are being disposed of by this common order. - 5 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 2. The petitioner in W.P.No.13234/2024 is the owner of 6 acres 17 guntas of land in Sy.No.136/1, situated at Kugve Village, Talaguppa Hobli, Sagara Taluk. The landowner has got the lands converted to non- agricultural purposes, at the hands of the Deputy Commissioner by order dated 01.02.2018. Thereafter, he entered into a Joint Development Agreement with the writ petitioner in the connected writ petition for development of the land into a residential layout. The agreement was entered into on 21.02.2018. The Joint Development Agreement was registered in the office of the Sub- registrar, Sagara on 22.02.2018. Thereafter, the parties have approached the Town Planning Department at Bengaluru and a plan was sanctioned on 10.04.2018 at the hands of the Joint Director, Town Planning, Bengaluru with certain conditions. One of the condition is that the layout shall be formed and the project shall be completed within a period of two years from the date of sanction. - 6 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 3. In the meanwhile, disputes arose between the parties and it appears that the land owner has filed O.S.No.173/2020 seeking temporary injunction to restrain the builder from interfering with the suit schedule property. Similarly, the developer has also filed O.S.No.211/2020 seeking a direction to the landowner to execute the site sharing agreement and restraining the landowner from terminating the contract. Be that as it may, in the meanwhile the land owner approached the Taluk Panchayat, Sagara, seeking release of 60% of the developed sites in favour of the land owner. A decision was taken by the Taluk Panchayat in terms of the Memorandum dated 03.02.2022 directing the Panchayat Development Officer, Kandika Gram Panchayat, to consider the representation given by the landowner. The Memorandum dated 03.02.2022 has been questioned by the developer in W.P.No.4036/2022. On the other hand, the landowner is aggrieved of the subsequent endorsement dated 22.09.2022 issued by the Panchayat Development Officer declining to pass any orders for - 7 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 releasing of the developed sites, since there are civil litigations pending between the parties in the civil court. 4. In the considered opinion of this Court, the power to release the sites would vest only with the Town Planning Authority under the provisions of the Karnataka Town and Country Planning Act 1960. Section 17 of the Act empowers the Planning Authority to sanction such a plan for formation of a layout, which shall be consonant with the Master Plan. Sub-section (2B) of Section 17 mandates that the Planning Authority shall ensure the completion of all development works including all infrastructure facilities as mentioned in Sub-section(2A) under the supervision of the concerned authority/agency/department. It is the Planning Authority which has to issue the completion certificate after verifying whether the layout has been developed in terms of the plan sanctioned. The said provision also mandates that the landowner/developer shall relinquish the roads, parks to the local authority and civic community area to the - 8 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 Planning Authority and the same has to be handed over to the respective authorities. Sub-section (2C) enables the Planning Authority to release the developed area in a phased manner. It is therefore clear that such power for release of the developed area lies only with the Planning Authority and not the local authority. That being the position, the parties could not have approached the Taluka Panchayat or the Gram Panchayat seeking release of the developed area. 5. It is not clear as to whether the layout has been developed in terms of the sanctioned plan. Therefore, unless the Planning Authority is satisfied that the layout has been developed in terms of the sanctioned plan, question of releasing the developed area will not arise. It is left to the landowner and developer to approach the Planning Authority and the Planning Authority is required to inspect the layout and if it is satisfied that the layout has been developed in terms of the sanction plan, the Planning Authority may proceed to consider the request - 9 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 for release of the developed sites. Since the learned Senior Counsel Sri P.P.Hegde, appearing for the petitioner/landowner has submitted that the sanction has lapsed in view of the condition that the layout had to be developed within a period of two years from the date of the sanction, it is open for the parties to approach the Planning Authority to seek extension of the time for completion of the project or for renewal of the sanction plan. In that view of the matter, the prayer made in both the writ petitions cannot be considered. The decision of the Taluk Panchayat in directing the Panchayat Development Officer to consider the request of the landowner for release of the developed sites is not in accordance with law. 6. Consequently the writ petitions are disposed of, while setting aside the memorandum dated 03.02.2022 issued by the Taluka Panchayat and setting aside the impugned communication dated 22.09.2022 at Annexure-M in W.P.No.13234/2024 issued by the - 10 - NC: 2025:KHC:11738 WP No. 13234 of 2024 C/W WP No. 4036 of 2022 Panchayat Development Officer. The parties are at liberty to approach the competent authority namely the Joint Director of the Town Planning Department, Bangalore, which had sanctioned the plan for any purpose, including the extension of time for completion of the project or for renewal of the sanction plan or with a fresh proposal for sanction plan. Needless to observe that if any one of the parties approaches the Planning Authority seeking any permission or orders, and if the other party would raise an objection, the Planning Authority shall consider the request as well as the objections and pass orders in accordance with law. In view of the disposal of the main matter, I.A.No.1/2024 filed in W.P.No.4036/2022 stands disposed of. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL