JAYANTHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners who are in all, 22 have been granted land/sites by the Tahsildar in Sy. No.64 under Ashraya Scheme in the year 1991-92. The gomal land was utilised for distribution of house sites under the said Scheme as per GO HD 535 KHB 91. The Ashraya Committee invited applications for grant of house sites to eligible persons and hakku patras were issued in the year 1992. Pursuant to that, petitioners have put up construction and have also been provided with sanitary, electricity and water connection by the concerned authorities way back in the year 1995.

(2.) By a preliminary notification gazetted on 27.11.1991, an extent of 13.30 acres is notified as slum area under S.3 of the Slum Clearance Act, 1973.

(3.) Sketch was also drawn and survey was conducted to declare the area as slum area. An extent of 6.06 acres was shown as tank and an extent of 13.30 acres was shown as proposed slum area. By a notification dated 18.3.2005, an extent of 13.30 acres is declared as slum area. On 29.09.2011, the Tahsildar concerned issued a notice to initiate proceedings under S.94(3) and before instituting proceedings under S.192(A) of the Karnataka Land Revenue Act, notice was issued treating the occupation of land by the petitioners as unauthorised to which the petitioners gave a reply with all relevant documents for having been granted benefit under the Ashraya Scheme, for having put up construction and extension of civic amenities to the residents who have put up construction. Despite the reply furnished, further action was sought to be taken through the Task Force. In that circumstance, some persons approached this Court in WP 4246- 78/2013 and this Court has passed an interim order of stay initially.