GANESH GUPTA GOVINDARAJULU Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioners are said to be owners of certain flats in an apartment complex in the name and style of Pujitha Tulip Apartment, # 35, Victorian Meadows layout, Munnekolalu village, Varthur Hobli, Bengaluru East Taluk. Proceedings have been initiated by respondent no.3/Tahsildar to remove encroachments on canals in several places including the survey number where the apartment of the petitioners is situated. In the proceedings before the Tahsildar, apart from Pujitha Tulip Flat Owner's Association, other apartments associations were also arrayed as parties and the following order has been passed:

(2.) As can be seen from the above mentioned order, the Tahsildar has not given a specific finding as to whether the apartment of the petitioners is constructed by encroaching upon the canal or kaluve, but has identified the survey numbers where the canal as per the sketch prepared by the Taluk Surveyor is encroached upon and has ordered its removal. The case of the petitioners is that the sketch has not been provided to them and survey was not conducted in their presence.

(3.) The learned HCGP appearing for respondent no.3, upon instructions, submits that the authorities are willing to provide a copy of the sketch to the petitioners and hear them and pass orders afresh. His submission is placed on record.