HC to flat owners, builder to settle amicably

The high court on Wednesday directed an apartment owners’ association and a builder to reach an amicable settlement by January 30. Justice Krishna S Dixit was hearing a petition filed by H M Tambourine Apartment Owners’ Association and two of its members against the cancellation of the original approved building plan by issuing the impugned modified plan by the BDA on June 24, 2016, at the behest of Pedigree Constructions Pvt Ltd.

The property is in survey number 28, Kanakpura Road, Jaraganahalli, Uttarahalli hobli, and has 242 flats. The talks for the settlement should be videographed, it said. The number of participants from either side should not exceed five, including the engineers or other technical persons of their choice. If the talks fail, the court will hear the matter on merit on the next date of hearing. When the respondent counsel suggested the petitioners can make a representation to the company, the court orally observed: “This would be like sending the lambs to the wolves”. The modified sanction plan provides for joining the existing building owned by the society with the proposed new building on the third floor as well as the terrace. The society and its members never permitted anyone to join the building owned by them with another building. They said the BDA arbitrarily issued the modified sanction plan.

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