BRUHATH BENGALURU MAHANAGARA PALIKE Vs. DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY BENGALURU DIVISION BENGALURU-560023

JUDGEMENT

(1.) Survey No.56 of Hanumantapura Village measures about 18 acres 35 guntas which was originally a lake called Jakkarayana Kere. Presently, the lake has vanished. Hanumantapura village is no longer in existence and is swallowed by the city of Bengaluru. Respondent no.1-Railways is said to be owning 1 acre 18 guntas of land in the said Sy.No.56. Railways also owns several other lands in the adjoining survey numbers. However, the present lis pertains to only land in Sy.No.56 of Hanumantapura. The rest of the land is claimed by the petitioner-Bruhat Bengaluru Manahagara Palike (BBMP). It is further submitted, the possession of bulk of the land belonging to BBMP is in possession of various third parties. Further, it is submitted that in a dispute pertaining to certain lands in Survey No.56 and adjoining lands, W.P.No.5201/2020 is pending. In the said writ petition, a survey has been ordered to be conducted and the same has been done by respondent no.2-Assistant Director of Land Records (ADLR) and a report has been submitted to this Court along with a sketch. A copy of the sketch is produced as Annexure-H1 to the writ petition. The sketch indicates the extent of land owned by Railways in Survey No.56 to be 1 acre 18 guntas and one M/s.Hamara Shelters has encroached 17.7 guntas of land in Survey No.56. However, the sketch, as per the contesting parties, do not clearly indicate the area owned by Railways, the area that is encroached by Hamara Shelters, whether any portion of the land owned by railways has been encroached by Hamara Shelters or not. The petitioner-BBMP is involved in several litigations in respect of the land situated in Survey No.56 as well as adjoining lands with various third parties.

(2.) When this is the situation, petitioner-BBMP is endeavouring to form a road in the interest of general public in the land which is currently in possession of BBMP in Sy.No.56 and adjoining lands. However, due to there being no consensus between the petitioner-BBMP and respondent no.1-Railways as to whether a portion of the road is being constructed on the land owned by railways or not, the present writ petition is filed with the following prayers:

(3.) During the course of arguments, learned counsel for the petitioner fairly submits that railways own 1 acre 18 guntas of land in Sy.No.56. He also submits with regard to 3 acres 31 guntas of land mentioned in prayer 'a.' and 'b.', there may be third parties who have encroached upon the same or a portion of it. He submits the writ petition is filed with the object of marking the boundaries belonging to respondent no.1-railways so that the petitioner can leave that portion and construct a road.