R.V. SRIDHAR Vs. BRUHUT BANGALORE MAHANAGARA PALIKE

JUDGEMENT

(1.) This writ petition is stated to be filed in public interest by certain residents of Malleshwaram, Bangalore, questioning Final Notification dated 29/09/2011 (Annexure "M"), issued by the fifth respondent - Deputy Commissioner, Bangalore District, Bangalore, declaring land bearing CTS No.1700, measuring 1,864.70 sq.mtrs., at 13th Cross, Malleshwaram, more fully described in the schedule (hereinafter, referred to scheduled land as Slum Area), under Section 3 of the Karnataka Slum Area (Improvement and Clearance) Act, 1973 (hereinafter referred to as "the Act" for the sake of brevity). They have also sought a direction against fourth respondent restraining it from putting up construction on the scheduled land and instead, to maintain it as a parking area.

(2.) The petitioners have stated that respondent Nos.1 to

(3.) It is further averred by the petitioners that respondent Nos.1 to 3 had filed statement of objections in the aforesaid writ petition inter alia contending that opposite Malleshwaram Market, there was an office complex belonging to BBMP as well as residential quarters meant for BBMP employees, which is "B" portion. To the North West of "B" portion of the area [now declared as, Slum Area i.e., scheduled land] which is 'A' portion, there were 42 hutment dwellers. There was a proposal to utilize the "A" portion area for the purpose of construction of a commercial complex along with flower market on Sampige Road, by providing alternative accommodation to the employees of BBMP residing in "A" portion. As the interim order continued to be in force in W.P.No.4804/2009, no construction was proceeded with. As the fourth respondent had entered into a contract with seventh respondent with regard to various slums in Bangalore City on 18/11/2009, including the scheduled land, the latter was permitted to commence work in respect of various slums including Netaji Slum at Malleshwaram, by putting up dwelling units (ground plus three floors) therein. It is further averred by the petitioners that subsequently, the fourth respondent changed the project location by including the scheduled land on 03/06/2011. That as a result, the scheduled land, which is owned by the BBMP was also handed over to the seventh respondent in order to construct houses for the benefit of the employees of the BBMP. The construction was only to benefit the employees of the respondent BBMP. Consequently, Preliminary Notification dated 27/06/2011 was issued declaring the scheduled land as a Slum Area and the Final Notification was issued on 29/09/2011 under the provisions of the Act.