w w w . L a w y e r S e r v i c e s . i n



The State of Karnataka by its Secretary Revenue Department, Bengaluru & Others v/s M/s. Purvankara Projects Ltd., A Company Incorporated Under the Companies Act Bengaluru


Company & Directors' Information:- C AND C PROJECTS LIMITED [Active] CIN = U74999HR2007PLC036644

Company & Directors' Information:- ACT INDIA LIMITED [Dissolved] CIN = L99999TN1986PLC013555

Company & Directors' Information:- Y K M PROJECTS PRIVATE LIMITED [Active] CIN = U40109TG2008PTC057263

Company & Directors' Information:- T G R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200KA2012PTC062702

Company & Directors' Information:- S G PROJECTS LIMITED [Active] CIN = U65999WB1990PLC049684

Company & Directors' Information:- B C C PROJECTS PVT LTD [Active] CIN = U74899DL2001PTC112102

Company & Directors' Information:- J K S PROJECTS LIMITED [Active] CIN = U45400WB2011PLC157565

Company & Directors' Information:- D M P PROJECTS PVT LTD [Active] CIN = U27109WB2006PTC107513

Company & Directors' Information:- T & T PROJECTS LIMITED [Active] CIN = U45201AS2008PLC008641

Company & Directors' Information:- W AND W PROJECTS PRIVATE LIMITED [Active] CIN = U65910DL1989PTC036754

Company & Directors' Information:- E M C PROJECTS PVT LTD [Active] CIN = U29248WB1964PTC026261

Company & Directors' Information:- H AND V PROJECTS PRIVATE LIMITED [Active] CIN = U72400DL2011PTC220047

Company & Directors' Information:- M A PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2005PTC135093

Company & Directors' Information:- S. V. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70100AP1998PTC029024

Company & Directors' Information:- M V PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45202KA2008PTC045272

Company & Directors' Information:- S V S PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096787

Company & Directors' Information:- A T E PROJECTS PRIVATE LIMITED [Active] CIN = U74999DL1999PTC102246

Company & Directors' Information:- U W T PROJECTS LIMITED [Active] CIN = U45200AP2004PLC043198

Company & Directors' Information:- J J PROJECTS PVT LTD [Active] CIN = U24231WB1986PTC040246

Company & Directors' Information:- Z H PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400WB2012PTC184307

Company & Directors' Information:- K & J PROJECTS PRIVATE LIMITED [Active] CIN = U45203MH2004PTC150165

Company & Directors' Information:- T & I PROJECTS LTD [Active] CIN = L29130WB1984PLC038232

Company & Directors' Information:- B 2 R PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2013PTC189971

Company & Directors' Information:- C M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC130580

Company & Directors' Information:- N G PROJECTS LIMITED [Active] CIN = U45201GJ2003PLC042152

Company & Directors' Information:- E AND C PROJECTS PRIVATE LIMITED [Active] CIN = U29150DL2002PTC115297

Company & Directors' Information:- B. D. R. PROJECTS PRIVATE LIMITED [Active] CIN = U45202TG1998PTC028780

Company & Directors' Information:- J T L PROJECTS PRIVATE LIMITED [Active] CIN = U70101KL2006PTC019439

Company & Directors' Information:- V AND S PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL1996PTC079487

Company & Directors' Information:- L S R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U07010KA2005PTC036041

Company & Directors' Information:- V R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400AP2007PTC054901

Company & Directors' Information:- D C R PROJECTS PRIVATE LIMITED [Active] CIN = U45209TG2007PTC056307

Company & Directors' Information:- R. R. PROJECTS PVT LTD [Active] CIN = U45200TG1982PTC003711

Company & Directors' Information:- S H PROJECTS PRIVATE LIMITED [Active] CIN = U74996DL2006PTC149971

Company & Directors' Information:- S R PROJECTS INDIA PVT LTD [Active] CIN = U45207WB1981PTC033286

Company & Directors' Information:- L E PROJECTS PRIVATE LIMITED [Active] CIN = U45303WB2005PTC102555

Company & Directors' Information:- M. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC131902

Company & Directors' Information:- J V PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069037

Company & Directors' Information:- B N PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC058067

Company & Directors' Information:- J P PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2011PTC165990

Company & Directors' Information:- R K PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC043660

Company & Directors' Information:- A B PROJECTS PRIVATE LIMITED [Active] CIN = U45200MH2004PTC149404

Company & Directors' Information:- A K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG1996PTC023179

Company & Directors' Information:- S N M PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2010PTC040243

Company & Directors' Information:- J AND H PROJECTS PRIVATE LIMITED [Active] CIN = U45200GJ2013PTC074010

Company & Directors' Information:- N S PROJECTS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC117882

Company & Directors' Information:- H S PROJECTS PRIVATE LIMITED [Active] CIN = U45208DL2006PTC153706

Company & Directors' Information:- N M PROJECTS PRIVATE LIMITED [Active] CIN = U29219DL2009PTC186728

Company & Directors' Information:- K. V. PROJECTS PRIVATE LIMITED [Active] CIN = U70102WB2012PTC188439

Company & Directors' Information:- K R S PROJECTS PRIVATE LIMITED [Active] CIN = U70102AP2012PTC082232

Company & Directors' Information:- B S C PROJECTS PRIVATE LIMITED [Active] CIN = U45200DL2011PTC227768

Company & Directors' Information:- J K PROJECTS PRIVATE LIMITED [Active] CIN = U45203GJ2001PTC039576

Company & Directors' Information:- F C C PROJECTS PRIVATE LIMITED [Active] CIN = U29248UP1982PTC005786

Company & Directors' Information:- S N PROJECTS LIMITED [Active] CIN = U85110KA1996PLC021040

Company & Directors' Information:- B. D. PROJECTS PRIVATE LIMITED [Amalgamated] CIN = U45400WB2010PTC147620

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U29100DL2010PTC209136

Company & Directors' Information:- C & I PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2010PTC209136

Company & Directors' Information:- C B PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB1997PTC085237

Company & Directors' Information:- G G PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL1998PTC091501

Company & Directors' Information:- V M G PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400WB2011PTC164117

Company & Directors' Information:- M. L. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151513

Company & Directors' Information:- R N D PROJECTS PRIVATE LIMITED [Active] CIN = U70102DL1996PTC080051

Company & Directors' Information:- M. K. N. PROJECTS PRIVATE LIMITED [Active] CIN = U70101DL2009PTC196755

Company & Directors' Information:- M B R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45300KA2009PTC049005

Company & Directors' Information:- G S P PROJECTS PRIVATE LIMITED [Active] CIN = U45201WB1992PTC057116

Company & Directors' Information:- K P S PROJECTS PRIVATE LIMITED [Active] CIN = U70102TG2005PTC046280

Company & Directors' Information:- E AND V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102TG2004PTC042622

Company & Directors' Information:- T M R PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2010ULT211007

Company & Directors' Information:- P A PROJECTS PRIVATE LIMITED [Active] CIN = U45208WB1997PTC083907

Company & Directors' Information:- N K D PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2008PTC128819

Company & Directors' Information:- A I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203WB2000PTC091229

Company & Directors' Information:- P N PROJECTS PRIVATE LIMITED [Active] CIN = U45202DL2016PTC289494

Company & Directors' Information:- V AND M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC139731

Company & Directors' Information:- K K PROJECTS PVT LTD [Strike Off] CIN = U70200WB1995PTC073058

Company & Directors' Information:- S L PROJECTS PRIVATE LIMITED [Active] CIN = U45400AN2009PTC000109

Company & Directors' Information:- PROJECTS PVT LTD [Strike Off] CIN = U45201WB1951PTC019759

Company & Directors' Information:- V K M PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2011PTC045725

Company & Directors' Information:- K P PROJECTS PVT LTD [Active] CIN = U70101WB1996PTC077397

Company & Directors' Information:- C R PROJECTS PRIVATE LIMITED [Active] CIN = U45400PB2009PTC032572

Company & Directors' Information:- N D B K PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U27100PB2012PTC036987

Company & Directors' Information:- N P R PROJECTS INDIA PRIVATE LIMITED [Strike Off] CIN = U45400TN2012PTC086360

Company & Directors' Information:- G P N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2006PTC012749

Company & Directors' Information:- D H V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2005PTC045988

Company & Directors' Information:- V K R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC046370

Company & Directors' Information:- I N C PROJECTS PRIVATE LIMITED [Active] CIN = U70109WB2005PTC101620

Company & Directors' Information:- J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U45400WB2009PTC136510

Company & Directors' Information:- D J PROJECTS PRIVATE LIMITED [Active] CIN = U15201DL2005PTC134979

Company & Directors' Information:- M S C K PROJECTS PRIVATE LIMITED [Converted to LLP] CIN = U70101DL2005PTC135407

Company & Directors' Information:- B R T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45203TG1996PTC025021

Company & Directors' Information:- T AND M PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201KA2008PTC045199

Company & Directors' Information:- A C G PROJECTS PRIVATE LIMITED [Active] CIN = U45201UP1999PTC024162

Company & Directors' Information:- C K B PROJECTS INDIA LIMITED [Strike Off] CIN = U70102WB2012PLC188740

Company & Directors' Information:- N E PROJECTS LTD [Strike Off] CIN = U16009AS1999PLC005873

Company & Directors' Information:- D R PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109612

Company & Directors' Information:- I J PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70102KA2009PTC049320

Company & Directors' Information:- G C N PROJECTS PRIVATE LIMITED [Active] CIN = U45200KA2011PTC061371

Company & Directors' Information:- L N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45200TG2004PTC043064

Company & Directors' Information:- H B PROJECTS PVT LTD [Amalgamated] CIN = U45201WB1993PTC058846

Company & Directors' Information:- I. T. G PROJECTS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC063342

Company & Directors' Information:- ACT PROJECTS PRIVATE LIMITED [Active] CIN = U24110MH2000PTC128871

Company & Directors' Information:- P. S. PROJECTS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70109WB2011PTC170655

Company & Directors' Information:- A R N PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202MH2010PTC199122

Company & Directors' Information:- S P PROJECTS (INDIA) PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203910

Company & Directors' Information:- J R PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109HR2012PTC045119

Company & Directors' Information:- C N R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45201KA2007PTC041355

Company & Directors' Information:- A J PROJECTS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45201MH2006PTC164622

Company & Directors' Information:- J M PROJECTS PRIVATE LIMITED [Active] CIN = U45200MP2007PTC019336

Company & Directors' Information:- L S S PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059508

Company & Directors' Information:- A TO Z PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70101DL1995PTC069527

Company & Directors' Information:- G I T T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201TG2006PTC051193

Company & Directors' Information:- Z & I PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45309TN2007PTC064972

Company & Directors' Information:- B. G. PROJECTS PRIVATE LIMITED [Active] CIN = U45400MH2012PTC231270

Company & Directors' Information:- P S R PROJECTS INDIA PRIVATE LIMITED [Active] CIN = U45400TG2015PTC101191

Company & Directors' Information:- E & E PROJECTS PRIVATE LIMITED [Active] CIN = U45400UP2015PTC075033

Company & Directors' Information:- B B R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045165

Company & Directors' Information:- M V R PROJECTS PRIVATE LIMITED [Active] CIN = U45200TG2005PTC045166

Company & Directors' Information:- L V S PROJECTS PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200TG2010PTC068286

Company & Directors' Information:- R N V PROJECTS PRIVATE LIMITED [Active] CIN = U70102UP2011PTC044240

Company & Directors' Information:- K L PROJECTS PRIVATE LIMITED [Active] CIN = U27104DL2003PTC119655

Company & Directors' Information:- K S M PROJECTS PRIVATE LIMITED [Active] CIN = U45400DL2009PTC194824

Company & Directors' Information:- 3 G PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45400DL2015PTC276736

Company & Directors' Information:- I S R PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2005PTC138210

Company & Directors' Information:- L V PROJECTS PRIVATE LIMITED [Active] CIN = U74140DL2014PTC272838

Company & Directors' Information:- M K PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117787

Company & Directors' Information:- B V M PROJECTS PRIVATE LIMITED [Active] CIN = U45201DL2004PTC131352

Company & Directors' Information:- K. J. S. PROJECTS PRIVATE LIMITED [Active] CIN = U70109DL2006PTC152898

Company & Directors' Information:- V N R PROJECTS PRIVATE LIMITED. [Active] CIN = U45400AP2008PTC060896

Company & Directors' Information:- C R R PROJECTS PRIVATE LIMITED [Active] CIN = U45400AP2015PTC097217

Company & Directors' Information:- A R P PROJECTS PRIVATE LIMITED [Active] CIN = U45200HR2012PTC044979

Company & Directors' Information:- H V PROJECTS PVT LTD [Active] CIN = U45202HR1997PTC033617

Company & Directors' Information:- V & V PROJECTS PRIVATE LIMITED [Strike Off] CIN = U70109KA2005PTC037578

Company & Directors' Information:- M S S PROJECTS PRIVATE LIMITED [Strike Off] CIN = U45202KA2005PTC037905

Company & Directors' Information:- C AND T PROJECTS PRIVATE LIMITED [Strike Off] CIN = U74140GJ2009PTC057480

Company & Directors' Information:- A AND B PROJECTS PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC051077

Company & Directors' Information:- B. P. S. R. PROJECTS PRIVATE LIMITED [Active] CIN = U70109RJ2018PTC063238

Company & Directors' Information:- R M S PROJECTS PVT LTD [Strike Off] CIN = U74210DL1975PTC007946

Company & Directors' Information:- A. R. PROJECTS PRIVATE LIMITED [Strike Off] CIN = U40200DL2007PTC161559

    Writ Appeal No. 1922 of 2016, 4838-4853 of 2017 (KLR-RES)

    Decided On, 15 June 2019

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE RAVI MALIMATH & THE HONOURABLE MR. JUSTICE S.G. PANDIT

    For the Petitioner: Laxminarayan, Additional Government Advocate. For the Respondent: Jayakumar S. Patil, Senior Counsel, Joshua Hudson Samuel, Advocate.



Judgment Text


S.G. Pandit, J.

1. Aggrieved by the order dated 3.12.2015 passed by the learned Single Judge in Writ Petition Nos.46729 and 48690 - 705 of 2015, by which the petitions were allowed, the respondents therein are in appeal.

2. The petitioner, a Company incorporated under the Companies Act filed writ petition under Articles 226 and 227 of the Constitution of India praying to quash the order bearing No.LND/CR:49/15-16 dated 8.10.2015 and for a direction restraining the 2nd respondent or any person claiming through or under him from encroaching upon the lands in Survey Nos.98, 99/1, 99/2, 100, 101/1, 101/2, 101/3, 101/4, 101/5, 101/6, 101/7, 101/8, 102, 103, 104, 126 and 127 situated in Benniganahally Village, Krishnarajapura Hobli Bangalore. The petitioner states that the lands in the above survey numbers were subject matter of acquisition by the State Government under the Land Acquisition Act, 1894 (for short 'the Act') to an extent of 113 acres for DRDO Complex. The land owners had challenged the acquisition. During the pendency of the proceedings before the Court the State Government de-notified certain lands. The said de-notification was challenged by the Ministry of Defence, in whose favour land was notified for acquisition, by filing writ petitions. The writ petitions came to be dismissed, against the dismissal of the writ petitions the Ministry of Defence filed Writ Appeal Nos.2002-2010 of 2000. The said writ appeals were allowed quashing the de-notifications. The land owners aggrieved by the order passed in the writ appeals, filed appeals before the Hon'ble Apex Court. It is stated that during the pendency of the appeals before the Hon'ble Apex Court, the Ministry of Defence and the land owners entered into a compromise, agreeing to retain 50% of the land and to hand over 50% of the land in one contiguous block to the land owners. Accordingly a joint memo was filed and an order dated 07.04.2004 came to be passed by the Hon'ble Apex Court. Accordingly, land owners got land measuring 12 acres 1 gunta in the above stated survey numbers, which was the subject matter of acquisition. The petitioners made application for conversion and an endorsement dated 24.12.2005 was issued stating that the lands are non-agricultural lands as the lands were acquired for non-agricultural purpose, which has lost agricultural character. Subsequently N.H. Rushthumji, B.S.N. Hari and D. Ravi Shankar acquired title in respect of 12 acres 1 gunta of land. It is stated thereafter they entered into joint development agreement and obtained necessary sanctions and permissions for construction of multi-storeyed residential complex.

3. The petitioner states that after completion of construction of 630 dwelling units, they received a notice dated 06.08.2015 alleging encroachment of Government Land in Survey Numbers 95, 134, 97, 98 and other survey numbers, of Benniganahalli Village, K.R. Puram Hobli and called upon the petitioner to vacate the encroachment. In the said notice, the petitioner was given an opportunity to produce documents and to appear before the Tahsildar. It is stated that the petitioner replied to the said notice enclosing the necessary documents. In its reply the petitioner stated that as per the sanctioned plan, to the western side of survey No.98, 14 feet walking path has been left and denied the alleged encroachment. The Tahsildar by his order dated 08.10.2015 ordered to vacate the encroached portion of the land in survey No.125 to an extent of 0.01 gunta, survey No.126 - 0.02 guntas and survey No.127 - 0.03 guntas and directed registration of the proceedings under Section 192(A) of the Act. Aggrieved by the said order, the petitioner filed the instant writ petitions contending that the impugned order passed by the Tahsildar is contrary to the details mentioned in the notice dated 06.08.2015. It was also contended that the impugned order passed by the Tahsildar is contrary to Section 67 of the Act and no enquiry is conducted before passing the impugned order. The learned Single Judge after hearing the parties to the lis allowed the writ petitions and quashed the order dated 08.10.2015. Further the learned Single Judge observed that if any damage is caused to the immovable property of the petitioner, it is open for the petitioner to institute such legal proceedings as is available in law for recovery of damages as also cost of restoration. The learned Single Judge also permitted the petitioner to erect the compound wall to protect its properties with police protection. Aggrieved by the said order, the State is in appeal contending that the learned Single Judge exceeded his jurisdiction in passing the impugned order and further contended that the petitioner has encroached public property to an extent of 6 guntas.

4. Heard the learned AGA for the appellants and learned Senior counsel for the respondent. Perused the appeal papers.

5. The learned AGA for the appellants contend that the learned Single Judge committed an error in allowing the writ petitions and further exceeded his jurisdiction in observing that petitioner to recover damages if any caused to the immovable property and permitting to erect compound wall to protect its properties with police protection. The learned Single Judge having come to the conclusion that no proper enquiry is held before passing the impugned order ought to have directed the respondents to hold enquiry in accordance with law with regard to the encroachment of 6 guntas of government land by the petitioner.

6. Per contra, the learned Senior Counsel appearing for the respondent herein would support the order of the learned Single Judge contending that the impugned order passed is contrary to the notice dated 06.08.2015. Further it is contended that there was no survey by the Taluka Surveyor with regard to the encroachment and there was no spot inspection. Further the learned Senior Counsel would submit that the impugned action of the respondents therein is violative of principles of natural justice.

7. On the hearing the learned counsels for the parties and on going through the appeal papers, we are of the view, that the order of the learned Single Judge requires interference inasmuch as the learned Single Judge could not have permitted the petitioner to institute legal proceedings for recovery of damages as also cost of restoration, apart from permitting erection of compound wall to protect its properties with police protection. The petitioner claims that they have acquired title over Survey Nos.98, 99/1, 99/2, 100, 101/1, 101/2, 101/3, 101/4, 101/5, 101/6, 101/7, 101/8, 102, 103, 104, 126 and 127 situated at Benniganahalli Village, Krishnarajapuram Hobli and they have developed the land by constructing 630 dwelling units on obtaining necessary permissions from the concerned authorities. The Tahsildar issued notice vide Annexure-G. On going through the notice, it could be seen that the notice is issued in respect of Survey Nos.95, 134, 97, 98, and other survey numbers. When the notice includes specifically mentioned survey numbers as well as other survey numbers, the contention of the petitioner that the impugned order is contrary to the details mentioned in the notice dated 06.08.2015, is liable to be rejected.

8. The learned Single Judge having come to the conclusion that the Deputy Commissioner ought to have conducted enquiry under Section 67 (2) of the Karnataka Land Revenue Act, 1964, (for short 'the KLR Act') after following the principles of natural justice and having come to the conclusion that Tahsildar had no jurisdiction, ought to have directed the competent authority to hold enquiry with regard to alleged encroachment, but could not have permitted the petitioner to claim damages and to erect compound wall to protect its properties with police protection. The learned Single Judge exceeded his jurisdiction in observing that it is open for the petitioner to institute such legal proceedings as is available in law for recovery of damages, as also cost of restoration and to erect compound wall to protect its properties with police protection. The petitioner was issued with notice by the Tahsildar alleging encroachment to an extent of 6 guntas of Government land. The Tahsildar based on the report of the revenue officer had initiated proceedings by issuing notice.

9. Section 67 of the Act reads as follows :-

"67. Public Roads, etc., and all lands which are not the property of others belong to the Government.- (1) All public roads, streets, lanes and paths, bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark and of rivers, streams, nallas, lakes and tanks and all canals and water courses and all standing and flowing waters, and all lands wherever situated which are not the property of individuals or of aggregate of persons legally capable of holding property, and except in so far as any rights of such persons may be established, in or over the same, and except as may be otherwise provided in any law for the time being in force, are and are hereby declared to be with all rights in or over the same or appertaining thereto, the property of the State Government.

Explanation.- In this Section, "high-water mark" means the highest point reached by ordinary spring tides at any season of the year.

(2) Where any property or any right in or over any property is claimed by or on behalf of the State Government or by any person as against the State Government, it shall be lawful for the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner, after formal inquiry to pass an order deciding the claim.

(3) Any person aggrieved by an order made under sub-section (2) or in appeal or revision therefrom may institute a civil suit contesting the order within a period of one year from the date of such order and the final decision in the civil suit shall be binding on the parties."

The above provision requires enquiry. As contended by the petitioner no enquiry was held as required under the provisions of the Act. The notice issued to the petitioner is under Section 94 and Section 104 of the Act for eviction of unauthorized encroachment of Government lands in Sy.Nos.95, 134, 97, 98 and other Sy.Nos of Benniganahalli Village, K.R.Puram Hobli. In their reply to the notice the petitioner stated that the land in Sy.No.98 was transferred in the name of Sri. Rustomji and the same is registered. Further it is stated that the said Sri. Rustomji entered into joint development agreement with the petitioner for building residential apartment. The reply also states that as per sanctioned plan to the western side of Sy.No.98, 14 feet pathway has been left. Thus they denied any encroachment in Sy.No.98. But the reply is silent about other survey numbers mentioned in the notice. The Tahasildar was of the view that there exists cart road for villagers to go to Muneeshwaraswamy Temple, which is unauthorisedly encroached by the petitioners. If the petitioners have encroached cart road as opined by the Tahsildar, Section 67 of the Act, which is extracted above requires, the Deputy Commissioner or a Survey Officer not lower in rank than a Deputy Commissioner, after formal enquiry, pass an order. The facts of the present case wherein the Government claims that there is a ca

Please Login To View The Full Judgment!

rt road in survey number stated in the notice which is encroached by the petitioners, would require an enquiry by the Deputy Commissioner as required under Section 67 of the Act. If such an enquiry is held, truth would come out as to whether there is any encroachment of cart road by the petitioners or not. Hence, we are of the view, that the writ appeals require to be allowed by setting aside the order passed by the learned Single Judge and remitting the matter to the competent authority i.e., the Deputy Commissioner, to proceed in accordance with law with regard to alleged encroachment of government land by the petitioner. 10. Accordingly, the writ appeals are allowed. The impugned order dated 03.12.2015 passed by the learned Single Judge in W.P.Nos.46729 and 48690-705 of 2015 is set aside remitting the matter to the Deputy Commissioner for a fresh enquiry in accordance with law with regard to alleged encroachment of Government Land by the petitioner of Benniganahalli Village, K.R. Puram Hobli, Bangalore East Taluk. The enquiry shall be completed within a period of six months from the date of receipt of a copy of this order. Consequently I.A.No.2/2016 filed for stay does not survive for consideration, hence the application is dismissed.
O R