Hennur Main Road vs The State Of Karnataka By Its Principal ... on 31 July, 2009

[Cites 2, Cited by 0]

Karnataka High Court

Hennur Main Road vs The State Of Karnataka By Its Principal ... on 31 July, 2009

Bench: P.D. Dinakaran

-1-
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 31ST DAY OF }ULY 2009

PRESENT

THE HON'BLE MR. P.D. DINAKARAN, CHIEF JU_.'_:',"T'I*C'.]Ej'~...'___i   

AND

THE HON'BLE MRJUSTICE v;,C. sA's:H"A_H'i:T  

W.P. No.8169g2oo%RLR§Ls£Q   

BETWEEN:

1 HENNUR MAIN ROAD 'T    _  * ,
ARKAVATHY LAYOUT..RESIDENTS" WELFARE
ASSOCIATION, -I\_io.::._'42,"y: _  -  '
FLOUR MILL B;UILO.1N'G;'S,"" "   

HENCN'UR--BjANOEg,"*  C 
HEi'4_N UR MA--1N~..ROA'DT,_ KALYAN
NAGAR, .BANGALORE, 560,043
REP BY. ITS PRES'IDENT_ '
MUNIGANGAPPA ._ ' ~'

S;/O SRI MARIYAPPA,

JAG  ABOUT 62---YEARS

  "»<AAN:\1A~5>'A AKANMANI PRAKASHANA
. "-EDR.RA;'.}{U£S'{EA'R'S CULTURAL ORGANISATION
V No.E124.;;_ AVENUE ROAD,
"BANCSALOERE 560002
 REP av ITS SECRETARY
' .. ,sR1 GOVINDAHALLI DEVEGOWDA
 V S/O SRI DEVEGOWDA
 "AGED 75 YEARS

. .. PETITIONERS

 "(By Sri ; ARAVIND H, ADV., )



1 THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
BANGALORE «» 560 001

2 THE DEPUTY COMMISSIONER _
BANGALORE URBAN DISTRICT"
BANGALORE 560 001 

3 ASSISTANT COMMISSIONER
BANGALORE URBAN  
NORTH SUB--DIV1SION . 
VISHVESHWARAYYA' T__OwER'S-  
BANGALORE 560 001.  _  "  '

4 TAHSILDAR, BANGALOE-':?.._EvVNVORTHITAVLUVKI
A K.G.ROAD,..       
BANGALORE: 5;t5o,OO9.  k

5 BANGALORE. D'EAVELC)_PFJEENT AUTHORITY
REP BY. ITS cOM'MISS'I~ONER
T.cHOw"BAIAH 'VROA_.D~~--"
B.;ANOALORE..560 020

 S' «._E><EC§JT_IvE OFFICER
  KAARNAT_A~KVA=HAJ COMMITTEE
. "~T_S_AD','»\EI'i"H_ HAJ""HOUSE
9 84A, RI'CjE-ii*¢1OND ROAD
'B.AN£;ALO'RE 560 025 I
..   RESPONDENTS

'~(RfBy_Sé-s~«:I_R KOTHWAL , ADV., FOR R6 SR1 K;L{ PHANEENDRA, ADV.,FOR R6 .._'SMT';. NILOUFER AKBER, AGA., FOR R1 TO R3) -3- THIS W.P. IS FILED PRAYING TO:-- QUASH THE LETTER/ COMMUNICATION DT. 12.12.2006 AS PER COPY ANNEX~G, THE GOVERNMENT ORDER BEARING NO. RD 74 LGB 2007/ 20.2.2008 PASSED BY THE STATE GOVERNMENT 1ST RESPONDENT AS PER COPY ANNEX--L. AND THE NOTIFICATION DT. 5/16.8.2008 As PER--'jCOi3f<Y."*,.A ANNEX---M, AS ILLEGAL AND VOID.

THIS WRIT PETITION COMING UP FOR ADA/iIss'ION.V,:O§\ii L' THIS DAY, SABHAHIT I., MADE THE FQLLOWIN'G*;.... ORDER A " " "

This Pubiic Interest Litig8t_i_O-nu petition is A Articles 226 and 227 of the con%st:i"tjutioI-I of..Iriid.i:a'Aa§/fierring that the first petitione'r-Ii{s.=._ 'rah §.,'r;e§i'st:e:red_ Association registeredL'INithi»:the oITCo--operative Societies, meant forvweifare'of'th'e000K~aIYari' Nagari Hennur and is also representing re-si.d'~ents Edi the area. Petitioner No.2 is a"vsoci'ai:weifare. organization meant for similar purpose and b'o.t|"i are interested in protecting the A property in. No.30 to the extent of 16.09 Acres at _._0.0'_j'jv.-4.._i<a.|yan Nagéur, Hennur Village, Bangaiore, being reserved «.fo*r_p.a_r.if<A'; lung space etc. \.3 -5- in favour of the Bangalore City Corporation to the extentof 5 Acres meant for waste management. The respondent - Deputy Commissioner, in turn, forwa:rded"--.t;rie ~ proposai to the State Government on..08_.412._20O'6::aVn'd"'the same was approved by the State1'_"Governnne'ntu 12.12.2006. It is the said apD'i'o_vai and"-giant % of iand in Sy. No.30 in ;__favoury_..C.i.i:A'rt_he__sixt.h'resgpogndent, which has been challenged. petitioners contending that the approitrai of the procedures arndw. iaw and the Co rporati appropriate larger area for the purpose'-ojf'waste----mariagement. It is" averred that the Tahsildar Wun,iiatera!i_ycouid not have recommended for canceliation ofi"'the'._gAraht'_~in_ f~av'our of the Corporation though the area

2 was limited: to an extent of 05 Acres. The sixth respondent 2' ?..,Com.mittee has extensive area in its possession for its .'_me'mb'e'rs. It is averred that the State was not justified in 2 feducing the price of the iand aiiotted to Haj Committee by it 450% by order dated 20.02.2008, which is contrary to the K9' -5- Ruies. The property in question has remained a park, open space, catering to the required minimum lung for the residents of the area. The order of Commissioner aiiotting 05 Acres of Ea nd... in Sy.'l\i'o".';'§3V.(3_v.to"'itifie sixth respondent - Haj Committee and.'thr3;a'ic:i'dtéir._o'f respondent - State granting 50"?/r;_v'conces'si'oi's in't:hAe{_rnarVk_et value of the iand in question are_j4_iiVieg_a'E._y_and.ithelﬁsapme are iiabie to be set aside. 2 it A .

2.2 P_.§étjiri'ti'.i["i'§' filed to quash the comgmun'icat:i'on;..:_'" respondent dated 12.12.2000 for grant of 05 Acres of land in Sy. iN~o4_.3i0vtothegis-iitthiérespondent - Haj Committee and the 'Governrr'ie_n:tv' Order dated 20.02.2008 according V."~sancti_o:n f_or.prov..iVding 50% rebate out of the totai amount to be paid by the sixth respondent -

V V Haj Co'mrr¢.Ettee"V' towards 5 Acres of land in Sy. No.30 and tin:3_tiﬁcVa"t.ion issued by the second respondent * Deputy '_'_(;_omrnissioner dated 5/16.08.2008 granting the iand in 2 Hquestion in favour of respondent No.6 -- Haj Committee. Further, the petitioners have sought for a direction to \> -7- respondents 1 to 5 to maintain the iand to the extent of 16-09 Acres inciuding 5 Acres in Sy. No.30 of Hengn---u_r Viliage, Kalyan Nagar, Bangaiore North Taluk, Bang'1aViore,.g:"'..,, as park, piayground, iung space for the residents "

said area and not to grant or aliot thesame to a.n:v~o_ne'i.ni the interest of justice and equity,

3. Notice was issued tog..th'ei.respondents';-A

4. Respondent No.6' --_ I-'iaj s.jCom-miittee has fiied the statement of objections avei'ri.rjg th.a't_th"e_ aéiiotment of land in question -sixth respondent is in accordance "w_ithV Saw.'iandhﬂthe same is necessary for ._.Vconstru_ction of i5iaj__gVhouse for the benefit of the persons, on Haj yatra and that the Writ Petition is iia bier to bdVev_i.disrn'i'ssed.

_Lea_rned Additional. Government Advocate

--..s'_j:i.._ap'pearing_"for respondent Nos.1 to 3 submitted that 10 iand in Sy. No.30 has been teased in favour of the K"--dﬁforporation for waste management and has given iist of K)'

-3."

five aiternate iands, which are avaiiabie for allotment to the sixth respondent--i-laj Committee.

6. Learned counsei appearing for respondent -- Haj Committee subm__it.te_ci th_at'"'l:e'_':v.v§ioiii*ci instruct his client to choose one site arno'ng'ii».five"'lands, detaiis of which is furnishe:i__"*~~!qy learned._'v«-.Addi. Government, for construction ofg_ti:aj».:ho.uuse tor hienefit of the piig rims tindertai<in§'tiaj Yat&_a;. contentions of Vgth'e'=.aiearlnved~~__coiinsel appearing for the parties andCscrutiniiedthengateriai on record. eAIt.4ifs«-..weli settled that this Court in exercise of the._w%.i:«AjuEi's:iic'Ei;on of this Court would not interfere with V the policy decision taken by the Government regarding the Hit"V:Au'pi,.ac»eee._whe"rein the sixth respondent ~ Haj Committee _'_gs.houVld"be aiiotted iand for the purpose of construction of C '4'..:l*i'a'j"lhouse for the benefit of the piigrims going to Haj. The land that is aliotted to the sixth respondent is in the land K} -9- that is allotted to the Corporation for waste management. Having regard to the averments made in the petition, the iearned Additionai Government Advocate has furnished the iist of five aiternate lands, which are avaiiable and granted to the sixth respondent ~ Haj Committee ' purpose of construction of Haj housse, ""E.iearne;drcounseili' appearing for the sixth respondent submitted tha=_t,the~ Committee would select one of "thei.lands'~-- sh'ow'in V«i"nWitem Nos.1 to 5 in the East subm'ittedl"'bYVt~:t,:'é"i'G0V€i5m€ﬁt and direction may be issued toVt.he'Gov*Ver.nmefnt' to ailot Eand which is in close-"«..p'§roximity .:tio'«.B'a'ﬁ_Q§Ehorf'e Internationai Airport asme --preslent,fsit,eialiotted to the Haj Committee is more convenient vha'vin'g,'reg"ard to its location and distance to the .Bang.aiore"'I-ntevrnationai Airport. Learned Additionai IA'-.Govern:ri1e'nt. Adxrocate submitted that all the aiternative iand_s"'t_hat"aije__rs~r§w proposed are also near the Bangalore V international Airport. Therefore, apart from directing that l.and,V""which wouid be chosen by respondent No.6 '.'_,a_rn'on'g"the five Eands, detaiis of which has been furnished l--i.,:to""'the sixth respondent, shall be granted by the Government, the writ petitioners would not be entitled to U' -19- any further relief in this writ petition as it is for the Government to take its own policy decision as to where. Haj house is to be constructed. Accordingly, . apart from giving option to the sixth.yrespondentfv.§'~:Haj Committee to choose any one of the~:rlan':cin lands, details of which has"lV__be,en "s'L-ialjriéitteldiA~..1jy.._th3eh Additional Government _AdvocayteV;f.for_y_y the '-«odrpofse of construction of the Ha} hoiise '-and]:th'e.V;Gfove_rnment shall make allotment of _the__ |and"c'h-ofsen respondent among the _five_ areij; ,¢.?opbsea, the writ petitioners. relief in this writ petition. it l V Accord"i--n_:giyy is disposed of with the __ above" sjiaild tiobservatiovns.

. ._ . .. ..... V' .93"

Chief Justice 3d/-3 Iudqé _ "index: Yes/No Web Host :Ye /No suma

Unlock Advanced Research with PRISMAI

Karnataka High Court