HAMARA SHELTERS PRIVATE LIMITED, BENGALURU AND ANOTHER Vs. THE KARNATAKA LOKAYUKTA, BENGALURU AND OTHERS

JUDGEMENT

(1.) In these writ petitions, petitioners are calling in question order dated 30-7-2015 passed by 1st respondent-Upa-lokayukta and the consequential survey report and sketch produced at Annexures-AF and AG submitted by the Assistant Director of Land Records, City Survey No. 1, K.R. Circle, Bangalore-respondent 3 herein. Entire proceedings pending before the Karnataka Lokayukta-1st respondent in Compt/UPlok-2/Misc-l282/2015 are also assailed.

(2.) Facts leading to the writ petitions, briefly stated are; a representation was submitted on 13-5-2015 by the Divisional Manager, Railway (Works), South Western Railway, Bangalore Division, Bangalore, requesting for a direction to the revenue and BLIMP officials to conduct re-survey of the lands belonging to various persons including petitioners herein by taking note of the land records of the Railways. Grievance made by the Railways was that they were the owners of land situated abutting M/s. Mantri Developers-petitioner herein and that petitioners were trying to encroach upon the railway land and that they could successfully prevent such encroachment at one point of time by removing fencing erected by the Developers somewhere in the year 2011. The Railways further referred to the writ petition in W.P. Nos. 34651 to 34653 of 2011 filed against Bangalore Metro Rail Corporation Limited; despite the order passed in the said writ petition, M/s. Mantri Developers were trying to encroach upon the railway land in the guise of constructing a road for public by utilising the complete land available for them for the purpose of developing the same into a housing and commercial complex. They further alleged that Railways had approached the Revenue Department for conducting survey of the property belonging to the Railways and M/s. Mantri Developers as per the direction of the Assistant Director of Land Records but the authorities failed to take any action to carry out survey and measurement. Hence, it was urged by them that appropriate direction be given by the Upa-lokayukta to the revenue and BEMP officials to resurvey the area for demarcating the land belonging to various persons and authorities. Based on this representation, the Upa-lokayukta initiated proceedings.

(3.) As can be seen from Annexure-Z proceeding, Upa-lokayukta passed an order on 18-5-2015 referring to the complaint submitted by the Railways and the allegations made therein that M/s. Mantri Developers appeared to have acquired certain land from private party to construct Mantri Mall and residential quarters and that they had encroached upon railway land for which Railways had taken objections. It has been further narrated in the said order that there was a dispute as to the identity of properties owned by the Railways as well as M/s. Mantri Developers. A reference is also made to the fact that some records revealed that there was BBMP property and a lake and therefore, it was necessary to protect public property be it the property of the State Government or the local body or the Central Government or the Railways. Hence, in order to ascertain the correctness of the allegations made in the complaint and to fix the date for joint survey, the Upa-lokayukta persuaded himself to hold that the Deputy Commissioner, Bangalore Urban District, Deputy Director of Land Records, Bangalore Urban District and the Additional Commissioner, BBMP had to be directed to submit their response to the allegations made in the complaint in person on 21-5-2015 at 11.30 a.m.