R & M TRUST versus KORAMANGALA RESIDENTS VIGILANCE GROUP AND ORS.

R & M TRUST versus KORAMANGALA RESIDENTS VIGILANCE GROUP AND ORS.

Once absolute title is transferred by registered sale deed, restrictions in lease-cum-sale agreement against multi-storeyed construction cease; statutes and municipal laws impose no restrictions on multi-storeyed construction; delay in filing writ petition is fatal, especially where third-party interests have arisen; Public Interest Litigation jurisdiction must be invoked sparingly and not for private or publicity motives.

Parties
Appellant: R & M Trust; Respondent: Koramangala Residents Vigilance Group; Respondent: Corporation of the City of Bangalore; Respondent: Deputy Director of Town Planning Corporation of the City of Bangalore
Jurisdiction
India
Judgment Date
19 January 2005
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Karnataka High Court
Outcome
Appeals allowed; Division Bench judgment of High Court set aside.
Legal Topics
Building Permissions, Delay/laches, Public Interest Litigation, Property Rights
Municipal Law Land Planning Constitutional Law Building Permissions Delay/laches Public Interest Litigation Property Rights

Case Brief

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Parties

R & M Trust

Appellant

Koramangala Residents Vigilance Group

Respondent

Corporation of the City of Bangalore

Respondent

Deputy Director of Town Planning Corporation of the City of Bangalore

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Karnataka High Court

Legal Issues

  1. 1 Whether granting permission for construction of multi-storeyed buildings violated municipal laws or lease conditions
  2. 2 Whether delay/laches bar the writ petition
  3. 3 Scope of Public Interest Litigation under Article 226

Ratio Decidendi

Once absolute title is transferred by registered sale deed, restrictions in lease-cum-sale agreement against multi-storeyed construction cease; statutes and municipal laws impose no restrictions on multi-storeyed construction; delay in filing writ petition is fatal, especially where third-party interests have arisen; Public Interest Litigation jurisdiction must be invoked sparingly and not for private or publicity motives.

Court Disposition

Appeals allowed; Division Bench judgment of High Court set aside.

Orders

  • Appeal No. 1416 of 1999 allowed;
  • Appeal No. 1415 of 1999 allowed;