VIJAYASHREEPURA KSHEMABIVRUDHI SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in W.P. No.13020/2016 claims to be a 'Sangha' representing the interest of the residents who are in occupation of a portion of the land in Sy. No.1 of Vijayashreepura in Mysore. The petitioners in W.P. Nos. 29755-806/2016 claim to be the individual occupants of the plots/houses as indicated in the cause-title to the petition situate in Sy. No.1 of Vijayashreepura in Mysore. Since the contentions in these petitions are common and they relate to the same subject matter, they are considered together.

(2.) The petitioner in W.P. No.13020/2016 is seeking that the memorandum of agreement dated 05.10.1949 signed between the Government of Mysore and his Highness the Maharaja of Mysore be summoned and verify the list of immovable properties held by the Maharaja as private property as on 26.01.1950 and to scrutinize whether the land in Sy. No.1 of Vijayashreepura, Mysore acquired under the notification is State property. It is also prayed that the respondent - State be directed to recover the compensation wrongly paid to Sardar Ramachandra Raje Urs, the father of respondents 3 to 5 towards acquisition of the land mentioned in the notification. Insofar as the continuance of the members of the petitioner in the land in question the petitioner is seeking direction to the respondents to consider formulating an exclusive scheme to regularize the unauthorised constructions in Sy. No.1 of Vijayashreepura, independent of the provisions of Section 3(i) of Karnataka Regularization of Unauthorized Constructions in Urban Areas Act, 1991, since the amount has been collected by the Competent Authorities towards such regularization.

(3.) The petitioners in W.P. Nos.29755-806/2016 are seeking that direction be issued to respondents 1 and 2 not to treat the petitioners as encroachers on land in Sy. No.1 of Vijayashreepura, Mysore, since according to them the dwelling houses have been regularized about 20 years ago through the documents at Annexures 'F' series pursuant to the notification dated 09.01.1989 issued by respondent No.3.