IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50016/2019 (LB-RES) Between:
The CQAL Employees House Building Co-operative Society Ltd., Jayachamarajendra Nagara, Bangalore – 560 006 Rep. by its Secretary. … Petitioner (By Sri R. Srinivasa Gowda, Advocate) And:
1. The Commissioner, Bangalore Development Authority (BDA), T. Chowdaiah Road, Kumara Park West, Bangalore – 20.
2. The Commissioner, Bruhat Bangalore Mahanagara Palike (BBMP) Hudson Circle, Bangalore – 27.
3. The Deputy Commissioner, Bangalore Urban District, K.G. Road, Bangalore – 9.
4. The Commissioner, Land Records and Survey Settlement, K.R. Circle, Bangalore – 01.
5. The Commissioner of Police, Infantry Road, Bangalore – 01. … Respondents (By Sri I.G. Gachchinamath, Advocate for R1;
Sri S.N. Prashanth Chandra, Advocate for R2; Smt. Prathima Honnapura, AGA for R3 to R5) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the R-1 (BDA) to taken necessary action to protect their land from unauthorized occupation as mandated under Section 33-A of the Bangalore Development Authority Act, 1976 likewise the R2 (BBMP) as mandated under Section 436-A of the Karnataka Municipal Corporations Act, 1976 by considering the petitioners representation dated 13.09.2019 acknowledged by the respondents on 16.09.2019 as per Annexure-E and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioner – CQAL Employees House Building Co-operative Society stated to have formed a residential layout in an extent measuring 41 acres 08 guntas of Kothihosahalli Village, Yelahanka Hobli, Bangalore North (Addl.) Taluk. The layout is stated to have been approved by the Bangalore Development Authority(BDA) as per the resolution dated 06.12.1992.
2. It is further submitted that the petitioner – Society by virtue of the Relinquishment Deed dated 17.11.1996 has relinquished an extent of 2,69,490 sq. ft. towards formation of parks in the said approved layout. The petitioner has stated that there has been encroachment of lands which are reserved for parks. That despite request to the BDA and Bruhat Bengaluru Mahanagara Palike (BBMP), no steps have been taken to evict the unauthorized occupants and encroachers from the area earmarked as parks in the layout plan. The petitioner is stated to have made representations at Annexures-E and E1 requesting for removal of encroachment. It is also submitted that in accordance with Section 436-A of the Karnataka Municipal Corporations Act, 1976, necessary action is to be initiated.
3. Learned counsel appearing for respondent – BDA submits that pursuant to the Relinquishment Deed, land that has been vested with BDA which in turn has been handed over to the BBMP for maintenance.
4. It is submitted that there are no instructions from the respondent-BBMP, but however looking into the nature of relief sought for, if representations are not already disposed of, necessary action will be taken to dispose of the same in accordance with law.
5. It is submitted that in light of the nature of relief sought for, if there is any encroachment, necessary action will be taken in accordance with law.
6. Taking note of the said undertaking, petition is disposed of as not requiring any further orders.
7. Sri I.G.Gachchinamath, learned counsel is permitted to file memo of appearance on behalf of respondent – BDA.
VGR Sd/- JUDGE