BENGALURU: The Bangalore Development Authority (BDA) on Thursday informed the High Court that it will not approve any development plans based on Zoning Regulations Amendment Notification issued on December 11, 2014.
Hearing a public interest litigation filed by Namma Bengaluru Foundation and four others, a division bench of Chief Justice D H Waghela and Justice Ram Mohan Reddy directed the BDA to submit a list of plans approved based on the amendment, and adjourned further hearing to February 18.
The petitioners appealed to the court to quash the notification on ‘Zoning Regulations of Bengaluru of the Revised Master Plan-2015 (Amendment) Regulations 2014’, issued on December 11, 2014. They contended that the notification issued by the BDA was against its own affidavit filed on February 19, 2014.
“We have reason to suspect that the said Amendment Regulations are a result of pressure brought by various real estate lobbies to circumvent the checks and balances provided by zoning and to facilitate rampant commercialisation. We have reasonable grounds to believe that immediately after the Amendment Regulations have been brought into force, various building plans have been hastily sanctioned under the said amendment regulations without due compliance with the various requirements in law with the fear that this court may stay the amendment at any point of time,” the petitioners said.
In an affidavit, BDA promised that that no commercial activity of whatsoever nature shall be allowed in residential main and residential mixed zones in the three rings, namely Ring No 1, Ring No 2 and Ring No 3, if the width of the road is less than 40 feet.
It also said that only ancillary usages mentioned in the resolution shall be permitted in residential main and residential mixed zones in Ring No 1 and Ring No 2 with up to 20 per cent of the built-up area or 50 sqmt whichever is lower, provided the width of the road is over 40 feet.
Referring to the BDA’s affidavit, the petitioners contended that the amendment is against Karnataka Town and Country Planning Act and the master plan was modified in a haphazard manner without application of mind.
Directive to Govt on RTE Rules
The The High Court on Thursday directed the government to issue instructions on the notification issued by the Department of Public Instruction restricting admission of children under RTE Act to only the wards or revenue villages of their residence.
Hearing a public interest petition filed by Adarsh R Iyer and B K Prakash Babu, residents of Malleswaram, a division bench of Chief Justice D H Waghela and Justice Ram Mohan Reddy asked the government to give instructions on the October 23, 2014 notification.
The petitioners contended that the new rule restricting RTE admissions to just the schools within a ward or revenue village is against the RTE Act.
The restriction will deprive several children from applying in schools in adjacent wards or revenue villages, thus denying their right to education, they said. They prayed the court to quash the notification.