DODDAKERE TANK BUND SITE OWNERS WELFARE AND DEVELOPMENT ASSOCIATION Vs. THE DEPUTY COMMISSIONER, MYSORE DISTRICT AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent - Mysuru Urban Development Authority (MUDA) Shri P.S. Manjunath, and the learned Additional Advocate General.

(2.) The facts are that the petitioner is a registered society said to comprise of several site owners, who had purchased house sites in the property popularly known as 'Doddakere Maidana' totally measuring 145 acres and 13 guntas and is said to be a private property of the then Maharaja of Mysore. With the independence of India, various princely States and Rulers acceded and became a part of the Union of India. There was a treaty of accession between the Government of India and the Maharaja of Mysore. An agreement dated 26.1.1950 was also executed between them making an inventory of the private properties of the Maharaja of Mysore and which were declared to be the absolute properties of the Maharaja of Mysore.

(3.) However, by a letter dated 5.8.2005, the petitioners were called upon to stop all development activities in view of certain objections having been raised by two individuals that there was overlapping of the properties, which is also part of 'Doddakere Maidana' and accordingly, the petitioners were forced to suspend the work. However, after the survey having been carried out, the petitioners' occupation was held to be in order and a joint letter submitted to withdraw the suspension of the developmental activities and thereafter, the development activity continued.