CHADURANGA KANTHARAJ URS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have filed this writ petition challenging the endorsement dated 27.01.2014 Annexure-L issued by the Commissioner, Bengaluru Development Authority (for short 'BDA') to the State Government, Department of Urban Development, Government of Karnataka, with a copy marked to 4th respondent (Developer of petitioners).

(2.) By the said endorsement BDA has informed the petitioners that an extent of 1 acre of land comprised in Site No.17 situated at 16th Cross, Sadashivanagar, Bengaluru, was part of Brindavan granted free of cost in favour of BDA by the Maharaja of Mysuru and therefore, the said land belonged to the BDA. Petitioners have also sought for a direction to the State Government to delete from the master plan the property in question which has been shown as one meant for public and semi public use. They have also sought for further direction to the State Government to proceed with the public notice dated 04.07.2008 vide Annexure-J published in the Kannada Prabha, Kannada Daily newspaper calling for objections for the proposed change in land use of property No.17 from public and semi public use to residential use as per the request made by 4th respondent - Developer and in terms of Section 14A of the Karnataka Town and Country Planning Act, 1961 (for short 'the Act').

(3.) Briefly stated, facts leading to this writ petition are, petitioners 1 to 3 and 3rd respondent claim to be joint owners of property bearing Municipal No.17 measuring 43264 sq. ft. situated at 16th Cross, Sadashivanagar, Ward No.99, Bengaluru. It was originally owned by His Highness Jayachamaraja Wadeyar, the erstwhile Maharaja of Mysuru. Petitioners claim that this property was granted by the Maharaja in favour of his first cousin Rajkumari Leelavathideviavaru on 28.05.1958. Order of grant is produced at Annexure-A. Upon the demise of Rajkumari Leelavathideviavaru in 1959, the property devolved on her husband Sardar K.Basavaraj Urs and her only son Sardar K.B. Ramachandra Raj Urs. Sardar K.Basavaraj Urs died on 30.09.1980 leaving behind his son Sardar K.B. Ramachandra Raj Urs. It is the case of petitioners that Sardar K.B. Ramachandra Raj Urs and petitioners 1 to 3 along with 3rd respondent have been in peaceful possession of property which also consists of samadhis (Graves) of their great grandmother and mother. There is a temple of Lord Narmadeshwara, popularly known as Brindavana.