Sir,
Out of curiosity, after reading the news report “Rs.150 Crore Govt. Land Reclaimed — Welfare Association claims ownership of Doddakere land, officials say it’s illegal” (SOM dated Jan. 10), I verified the facts and indubitably Tahsildar’s action, of clearing the land and erecting a board mentioning that it is a government land, appears to be prima facie illegal.
In the Writ Petition 20243-20245 of 2009 between Doddakere Tank Bund Site Owners and Welfare Association Vs DC, AC and MUDA, the High Court, in its final order on 10.3.2016 (by Justice Anand Byra Reddy) has said while allowing the Petition that:
“Given the rival contentions, the first aspect is as regards ownership. Though this is not a formal suit where a declaration is sought from the material on record, it is evident that though the item of property was reserved under the Treaty of Accession, of the year 1950, that the Doddakere Maidan of which the petitioners’ land is a portion, was to be gifted by the Maharaja of Mysore in favour of the State Government. This has not come about. Therefore, if it was evident that it was the absolute property of the Maharaja and if the members of the petitioner — Society had purchased parcels of land under sale deeds and when those sale deeds being set at naught, the State Government would not be in a position to claim the property of the individual members of the petitioner — Society.”
“If this aspect of the matter is taken into account, there could not be any impediment in the competent authority having granted sanction of the layout plan if all other material was in order. If once layout plan had been sanctioned on examination of necessary documents in terms of the guidelines prescribed under Section 32 of the KUDA Act, there was no justification in the sanction having been cancelled at the behest of the Assistant Commissioner. If the State seeks to lay claim over the land, it is open for the State Government to initiate appropriate proceedings in law to recover the same not only from the petitioners, but also from other private applicants, who may be in occupation of portions of the Doddakere Maidan and in the absence of which, it would not be possible for the State Government to contend that the layout plan sanctioned in favour of the petitioner ought to be cancelled, only on a partisan opinion that the land belongs to the State Government, without any basis thereof.”
“Accordingly petition is allowed. The sanction of the Layout Plan granted in favour of the Petitioner is confirmed.”
It is true thereof the Respondents DC and others have filed WA 5128/ 2016 and the same is yet to be admitted. In its order on Writ Appeal 5128/2016, the High Court has ordered issuance of notice in connection with the application for condonation of delay.
The Court also said, “Liberty is granted to the appellants to hand over a copy of the application for condonation of delay to advocate T.P. Vivekananda, who normally appears for the Mysuru Urban Development Authority.”
Thereafter the matter has not been listed at all and as such the action by Tahsildar is undoubtedly without authority and needs to be condemned unequivocally. In normal circumstances involving individuals, an FIR and arrest would have been in order. Authorities need to be hauled up for contempt.
– Raja Chandra, Bengaluru, 11.1.2019
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This post was published on January 21, 2019 6:09 pm