RAMAIAH AND ORS. Vs. THE BENGALURU DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The 2nd petitioner instituted O.S. No.,. 6056 of 1988 arraigning respondent-Bangalore Development Authority as defendant for permanent injunction restraining the defendant from evicting 2nd petitioner from the building constructed on one gunta of land from out of 15 guntas in Sy. No. 27/2 of Marenahalli Village. That suit though opposed by the defendant, nevertheless the XIV Additional City Civil Judge, Bangalore after a trial, answered in the affirmative issues, more appropriately whether lawful juridical possession of the property was proved and whether plaintiff was entitled to perpetual injunction, noticing that out of 15 guntas of land the Bangalore Development Authority acquired and took possession of 14 guntas of land while the owner did not hand over possession of one gunta of land consisting of a Mangalore tiled house, though received the compensation for 14 guntas of land, except one gunta, by judgment and decree dated 30-11-1992 Annexure-B insofar as one gunta of land is concerned.

(2.) Petitioners jointly filed W.P. Nos. 11532 and 11533 of 1994 for direction to the respondent-Bangalore Development Authority not to demolish the structures put up by them on certain land since their claim for regularisation is pending consideration by the screening committee constituted under the Karnataka Regularisation of Unauthorised Constructions in Urban Areas Act, 1991. By a common order dated 19-7-1994 Annexure-A, said petitions were disposed of holding that it would not be appropriate for respondent to demolish the construction put up by the petitioners, though petitioners would not be entitled to put up further constructions thereof. Thereafter wards, petitioners claim to have subjected the land for purposes of land tax to the Notified Area Committee, presently the Bruhat Bangalore Mahanagara Palike and paid all the municipal taxes.

(3.) When the officers of the respondent allegedly put certain marks on the property in question, apprehending that the authorities intend to demolish the building without recourse to law, have presented these petitions invoking the extraordinary writ jurisdiction for a writ of mandamus directing respondent not to demolish any portion of the building existing on the schedule property, said to be two houses on Sy. No. 27/2 of Marenahalli Village in terms of the schedule mentioned in the petition.