SHREE MAHALAKSHMI CHARITABLE TRUST BY ITS SECRETARY Vs. THE SPECIAL DEPUTY COMMISSIONER AND THE BANGALORE BRUHATH MAHANAGARA PALIKE BY ITS COMMISSIONER

JUDGEMENT

(1.) THE order of the Karnataka Appellate Tribunal (hereinafter, referred to as the "Tribunal") passed in Appeal Nos. 1338/2005 and 1339/2005 dated 16/04/2012 as well as the order of the first - respondent - Special Deputy Commissioner, Bangalore District, Bangalore, dated 24/05/2003 in Case No. LND(NA)CR. 89/2002 -03, are assailed in these writ petitions. As these orders are common to both the petitioners, these writ petitions have been clubbed together and are heard and disposed of by this common order. The petitioner in W.P. No. 18083/2012 is a Charitable Trust and represented by its Secretary while the petitioner in W.P. 20420/2012 is a Religious Trust, represented by its convener.

(2.) THE petitioner in W.P. No. 18083/2012 has stated that land bearing Sy. No. 8 at Mavallipura village, Hesaraghatta Holbi, Bangalore North Taluk, measuring 40 Acres was granted in favour of the petitioner by an order passed by the Special Deputy Commissioner for Inams Abolition, Bangalore, in Case No. RC.2314/64 dated 05/03/1966 under the provisions of the Mysore Personal and Miscellaneous Inams Abolition Act, 1955. It is further stated that subsequently, the name of the petitioner was mutated in the revenue records. When the matter stood thus on 24/05/2003, an extent of 100 Acres in Sy. No. 8 was leased to respondent No. 1 - BBMP, including petitioner's land to an extent of 40 Acres for the purpose of dumping and processing of garbage from Bangalore City. A copy of the order of the Special Deputy Commissioner is at Annexure "E". That order was assailed by the petitioner before the Tribunal in Appeal No. 1338/2005.

(3.) THUS both the petitioners assailed the order of lease dated 25/04/2003 before the Tribunal and the Tribunal clubbed both the matters together and by an order dated 16/04/2012, dismissed the appeals. Being aggrieved by the order of the Tribunal as well as that of the first respondent - Special Deputy Commissioner, the petitioners have filed their respective writ petitions.