SHANTHA MARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) W.P. Nos. 42743/2012, 29393-29531/2013 and 46496-46718/2014 are filed by those persons, who are residing in the temporary make-shift tin sheds, erected by Bruhat Bengaluru Mahanagara Palike ('B.B.M.P.' for short) at Vivekanagar, Bangalore. The petitioners' case in brief is that the Bangalore City Corporation, the predecessor of B.B.M.P., formulated a scheme for the construction of 1512 flats in 42 blocks of its land measuring 22 acres in Koramangala, Bangalore for the purpose of providing shelter to the Economically Weaker Sections (EWS) of society in 1983-84. On the completion of their construction in 1993-94, the B.B.M.P. issued the letters of allotment and executed lease-cum-sale agreements in respect of individual flats to the respective allottees. Due to sub-standard construction, one after the other block started collapsing. Majority of the original allottees gave up their possession through the power of attorney, etc. Out of 1512 tenements, only a few numbering about 230 were occupied by the original allottees. Owing to poverty, the petitioners continued to live in the EWS quarters, even when they were unfit for human occupation. The B.B.M.P. demolished the remaining flats and shifted the petitioners and other actual occupants to the tin sheds erected on the same land with the promise that they would be provided with the houses on the same land to be constructed either by B.B.M.P. itself or through a joint venture project.

(2.) The petitioners have produced the identity cards issued by B.B.M.P. in Annexure-A series, ration cards in Annexure-B series and election identity cards in Annexure-C series to evidence their possession of EWS quarters.

(3.) The B.B.M.P. initially passed the resolution on 31.5.2004 to the effect that the residential tenements would be reconstructed and given to the original allottees, who were displaced and rendered homeless on account of demolition of dilapidated EWS quarters. Subsequently, the actual occupants raised the protest, as they are the real displaced persons. Taking note of the grievance of the actual occupants, the B.B.M.P. modified its earlier resolution, dated 31.5.2004 by passing the resolution on 28.6.2005 providing for re-settlement of those, who were evicted from EWS quarters. It calls for identifying present residents therein, even if they are not the original allottees for the purpose of allotting the flats in the residential complex. On 29.7.2005 it passed another resolution for evicting the residents from the dilapidated EWS quarters as a precautionary measure. It also provides for the allotment of flats to 1512 original allottees once the residential complex is constructed. Further, it provides for the construction of the residential complex on the remaining part of the land in question for allotting flats to the erstwhile residents (tenants).