1 in the High Court of Karnataka at Bangalore

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25th DAY OF NOVEMBER 2014

BEFORE

THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA

W.P.No.51301/2014 (KLR-Res.)

BETWEEN:

Puravankara Projects Ltd., A company incorporated under the provisions of the Companies Act, 1956 Having its registered office At No.130/1, Ulsoor Road, Bangalore-560043. Represented by its Vice Resident - Legal Mr.Sunil Raj.R. ...PETITIONER

(By Sri.K.Suman, Adv. )

AND:

1. State of Karnataka, By its Secretary, Revenue Department, Vidhana Soudha, Vidhana Veedhi, Bangalore-560001.

2. The Karnataka Public Land Corporation, 2nd Floor, Deputy Commissioner’s Office Building, Bangalore-560009. Represented by its Managing Director

3. The Special Deputy Commissioner (Enforcement & Task Force), K.G.Road, Bangalore 560 009.

4. The Deputy Commissioner, Bangalore Urban District, K.G.Road, Bangalore-560009.

5. The Tahsildar, Bangalore East Taluk, K.R.Puram, Bangalore-560017. ...RESPONDENTS

(By Sri.A.S.Ponnanna, Addl. Adv. General & Sri.Kiran Kumar.T., AGA) ********

This W.P. is filed under Articles 226 and 227 of the Constitution of India praying to quash the interim report of the joint house committee on encroachments in Bangalore city/ urban district dated 12.7.2007 [at Ramaswamy Committee report] i.e. Ann-Y, in so far as it relates to item No.4 contained therein captioned 'gobbling of public roads in Binnamangala Manavarthekaval, Byapanahalli, Bangalore South Taluk due to collusion of Puravankara builders registration department and Bangalore Mahanagara Palike' as actually incorrect, illegal and unjust in view of the specific report of the R-4 dated 19.12.2013 submitted to the R-3 vide Ann-1 reporting that the petitioner has not encroached into any public road in Binnamangala Manavarthekaval, Byappanahalli.

This W.P. coming on for Preliminary Hearing this day, the Court made the following:

O R D E R

Petitioner has sought the following prayers:-

(1) to issue a writ of certiorari or such other appropriate writ or orders or directions, quashing the interim report of the Joint House Committee on Encroachments in Bangalore City/Urban District dated 12.07.2007 (A.T.Ramaswamy Committee Report) i.e., Annexure-‘Y’ in so far as it relates to Item No.4 contained therein captioned “Gobbling of Public Roads in Binnamangala Manavarthekaval, Byappanahalli, Bangalore South Taluk due to collusion of Puravankara Builders Registration Department and Bangalore Mahanagara Palike” as actually incorrect, illegal and unjust in view of the specific report of the 4 th respondent dated 19.12.2013 bearing No.LND(KRP) CR:155-13-14 submitted to the 3 rd respondent i.e., Annexure – AA1 reporting that the petitioner has not encroached into any public road in Binnamangala ManavartheKaval, Byappanahalli.

(2) to issue a writ of mandamus or such other appropriate writ or orders or directions, directing the respondents not to take any action to take over possession of the portion of the property

and demolish or otherwise pull down the compound wall in the Schedule Property, under the guise of any public road existing therein or the petitioner having “gobbled the public road therein”, as threatened by the respondent and made public by the Hon’ble Chief Minister and Hon’ble Law Minister in the daily newspapers, Kannada & English i.e. “Vijaya Karnataka and Economic Times” dated 08/19.10.2014 or otherwise i.e. Annexure-AB2 & AB1.

(3) to award costs and grant such other relief as this Hon’ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity.

2. As far as prayer No.1 is concerned, what is assailed is only an Interim Report of the Joint House Committee on

Encroachments in Bangalore City/Urban District dated 12.7.2007

(A.T.Ramaswamy Committee Report). The State Government constituted that Committee for the purpose of identifying the encroached lands and properties in and around Bangalore. It is not known as to whether the State Government has accepted the Report or not. Even otherwise, the Report has been

submitted for the assistance of the State Government to take further action in the matter. Therefore, the petitioner at this stage cannot assail that Report.

3. As far as prayer No.2 is concerned, that prayer is related to the scheduled land. Schedule reads as under:

All the piece and parcel of immovable property (conveyed as per the Arbitral Award dated 23.02.2006 registered in the Office of the Sub-Registrar, K.R.Puram, Bangalore as Document No.22559/05-06 stored in C.D.No.193) admeasuring 234489 sq.ft. in Sy.No.4/1B, 4/1C, 4/1D and 4/1E, Binnamangala Manavarthe Kaval, Krishnarajapuram Hobli, Bangalore East Taluk now bearing Municipal No.1-15, B.B.M.P Ward No.85 (Sarvagna Nagar), Old Madras Road, Bangalore, out of which a portion of the property acquired by Karnataka Industrial Areas Development Board (K.I.A.D.B) for the purpose of Bangalore Metro Rail Corporation Limited (B.M.R.C.L) and the remaining portion being 193945 sq.ft. having P.I.D No.85-79-1-15 vide the Khata issued by the Bruhat Bangalore Mahanagara Palike (B.B.M.P) and bounded on the:

East by: Balance Portion of Survey Nos.4/1D and 4/1E and Road;

West by: Balance Portion of Survey Nos.4/1C and 4/1B and Road;

North by: Road, Ayyappa Swamy Temple and Nala;

South by: Metro line and Old Madras Road.

4. Learned A.G.A. appearing for the respondents on advance notice and on instructions from the jurisdictional

Tahsildar –respondent No.5 herein Sri.Harish Naik, who is also present in the Court, states that the respondent –Authorities have not initiated any action as against the scheduled lands.

Submission is placed on record.

5. In response, learned counsel for the petitioner states that petitioner may be permitted to withdraw the writ petition.

The submission is placed on record.

Accordingly, the writ petition is dismissed as withdrawn.

Sd/- JUDGE

Bss.