LexR & M TRUST versus KORAMANGALA RESIDENTS VIGILANCE GROUP AND ORS.
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A R & M TRUST v. KORAMANGALA RESIDENTS VIGILANCE GROUP AND ORS. JANUARY 19, 2005 B [ASHOK BHAN AND A.K. MATHUR, JJ.] Municipal Laws: Karnataka Municipal Corporation Act, 1976-City of Bangalore C Improvement Act, 1945-Banga/ore Development Authority Act, 1976 - Karnataka Town and Country Planning Act, 1961-Multi-storeyed and multi- apartment buildings-Construction of-Licence issued by Respondent- Corporation to owners of sites for constructing mu/ti-storeyed building- Bui/ding at completion stage-Writ petition filed by Residents of locality seeking D cancellation of licence for construction of mu/ti-storeyed buildings and demolition thereof on the ground that they are causing strain on public amenities-High Court ordered demolition-On appeal, held, there is no illegality in granting permission for raising multi-storeyed building-The condition that only one dwelling house should be constructed is in the lease agreement but on execution of sale deed, lessee becomes absolute owner of E the site and the prohibition comes to an end- Thereafter there is no restriction in any of the statutes and municipal laws as to construction of mu/ti-storeyed building-Thus High Court not justified in cancelling the licence. Constitution of India, 1950-Artic/e 226: F Public Interest Litigation-Invocation of writ jurisdiction-Held to be invoked only sparingly in very rare cases involving public interest-Meant for downtrodden and not for publicity or private ends-Courts not to issue directions without understanding the implication. Public Interest Litigation-Delay/Laches in filing-Effect of-Heid, courts G not to come lo rescue of person who is not vigilant of his rights-Delay is also fatal when third party interest is created H Jn the city of Bangalore, Karnataka, construction of new buildings are regulated by various statutes and municipal laws. Appellants, builders- 582 ) !4 R & M TRUST v. KORAMANGALA RESIDENTS VIGILANCE GROUP 5 83 owners of sites submitted plan for construction of multi-storeyed A apartments. Authorities granted licences to build the same. Thereafter construction commenced. Substantial portion of building had been constructed when Corporation issued letter to the builders to stop construction in view of decision in Pee Kay Construction case*. Construction remained suspended for some time. On various representations of appellants, Corporation pei mitted them to resume B construction. Some house owners and residents of the locality filed Public Interest Petition challenging the validity of licence to build higher floors and seeking direction to demolish the building already constructed on the C ground that menace of multi-storeyed and multi-apartments was increasing resulting in strain on the public amenities. Single Judge held licences to be illegal but dismissed the petition for delay and laches. Division Bench disagreed and directed demolition. Aggrieved against this order, Builders and bona fide purchasers of flats in the building came up in appeal contending that there was no illegality in the licences granted D by the Corporation and that the Public Interest petition cannot be entertained at this belated stage. Allowing the appeals, the Court HELD: I.I. The permission granted by the Municipal Corporation E for constructing multi storeyed building is not in violation of any of the provisions of Governing Acts and the Rules. [604-F) l.2. The development and planning of the City of Bangalore and construction of building were governed by the City of Bangalore Improvement Act, 1945, Bangalore Development Authority Act, 1976, F Karnataka Town and Country Planning Act, 1961, Karnataka Municipal Corporation Act, 1976 and rules made thereunder. As per the City of Bangalore Improvement Act, 1945, schemes are prepared by the Board and after preparation of the scheme and obtaining necessary approval from the Government, allotments are made as per Rules and Bye-laws. G The sites are allotted as per City of Bangalore Improvement (Allotment of Sites) Rules, 1964. Looking to the scheme of the Act, the Rules and the terms and conditions of the lease-cum-sale agreement, it transpires that once an allotment is made to the lessee and he make~ all payments then after the payment the lessee/vendor shall at the end of ten years sell the property to the lessee/purchaser and the lessee/purchaser will get the sale H 584 SUPREME COURT REPORTS [2005] I S.C.R. A deed regi
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