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2025 DAILYLAW 34807 (KAR)

CONFEDERATION OF THE REAL ESTATE DEVELOPERS ASSOCIATIONS OF INDIA v. STATE OF KARNATAKA

WP/30832/2024 · 2025-01-29

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:4154 WP No. 30832 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 30832 OF 2024 (LB-RES) BETWEEN: 1. CONFEDERATION OF THE REAL ESTATE DEVELOPERS ASSOCIATIONS OF INDIA MYSURU CHAPTER, A REGISTRED ORGANIZATION HAVING ITS OFFICE AT NO 1104, GROUND FLOOR, UDAYARAVI ROAD, KUVEMPU NAGRA, MYSURU - 570023 REPRESENTED BY ITS PRESIDENT SRIHARI D …PETITIONER (BY SRI. S. SRIRANGA., SENIOR COUNSEL., FOR SMT. SUMANA NAGANAND., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY 2. DEPARTMENT OF TOWN AND COUNTRY PLANNING M.S BUILDING BENGALURU - 560001 REPRESENTED BY ITS DIRECTOR …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTION TO R-1 AND 2 TO TAKE A DECISION IN TERMS OF THE ORDER DATED 4.02.2022 PASSED BY THIS HONBLE COURT IN WP NO. 5500/2021 (LB-RES) (ANNEXURE-C), ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4154 WP No. 30832 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed seeking for a mandamus directing respondent Nos.1 and 2 to take a decision in terms of the order dated 04.02.2022 passed by this Court in W.P. No.5500 of 20211. 2. This Court by an order dated 04.02.2022, disposed of W.P. No.5500 of 2021 in the following terms: “ 4. Accordingly, writ petition is disposed of directing respondent Nos.1 and 2 to consider the proposal sent by respondent No.3 with regard to the proposed amendment to Regulation 5.2(3) of the Zoning of Land Use and Development Control Regulation accompanying Master Plan II – 2031 of Mysore Nanjangud Local Planning Area and pass appropriate order in accordance with law 1 Confederation of the Real Estate Developers’ Associations of India, Mysore Chapter vs. State of Karnataka and others, WP No.5500 of 2021, Disposed of on 04.02.2022, Coram: Hon’ble Mr. Justice Hemant Chandangoudar - 3 - NC: 2025:KHC:4154 WP No. 30832 of 2024 within a period of four months from the date of receipt of certified copy of this order.” 3. In my view, since a direction has already been issued by this Court to consider the proposal sent by the Mysore Urban Development Authority with regard to the proposed amendment to Regulation 5.2(3) of the Zoning of Land Use and Development Control Regulation accompanying Master Plan II – 2031 of Mysore Nanjangud Local Planning Area, it would be appropriate to once again direct respondent Nos.1 and 2 to comply with the order dated 04.02.2022 passed in W.P. No.5500 of 2021. 4. Respondent Nos.1 and 2 shall consider the same within a period of three months from the date of receipt of a copy of this order. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 78