BANGALORE: The Karnataka High Court on Thursday asked Bangalore Development Authority (BDA) to assist it on the issue of change in land use and the categories of commercial establishments that were permissible in a residential area.

The court was dealing with several petitions by landlords, owners and builders of residential structures in Sadashivanagar who were challenging the issue of notices to them by Bangalore Mahanagara Palike (BMP) on the alleged change in land use. The BMP had said that it had conducted a survey of Sadashivanagar following a High Court order and found that there was illegal change in land use. It said that only the BDA and not the BMP was permitted to allow change in land use.

Justice Rammohan Reddy, who is hearing the petitions, had directed the Registry to implead the BDA so that it could explain the issue of change in land use. When the matter came up, the BDA advocate said the authority needed time to place its stand before the court.

Justice Rammohan Reddy observed that there was no proper planning by the authorities while formulating layouts. He said while the comprehensive development plan (CDP) itself permitted some categories of commercial establishments, others could be permitted under a special category. Besides, the residents themselves could seek a change in land use.

Citing examples, he said Basavanagudi was planned as a residential authority but now many of the roads sported commercial establishments.

Similarly, RMV Extension was planned as a residential area but certain categories of buildings or establishments were permitted under the CDP. If so what would happen to the commercial and business establishments that had come up on residential buildings.

He said the CDP had delineated the nature of buildings that could come up in an area.

The counsel for the property owners, who were the petitioners, in the area said although he had sought a copy of the CDP, it was not being furnished. He said a citizen had a right to know under what category his locality belonged to. The BDA informed the court that the CDP had been published and that it was available on payment of fee.

Justice Rammohan Reddy adjourned further hearing of the matter to February 8.

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