SRI.K.S.ISWARA GOUD Vs. TOWN PANCHAYATH

JUDGEMENT

(1.) In this writ petition, styled as Public Interest Litigation, the petitioners have challenged the order passed by the respondent No.4 - The Project Director, District Urban Development Cell, Bellary dated 06.12.2016, marked as Annexure-H and consequential steps taken, to construct the office building of the Town Panchayath Kottur inter alia seeking for a direction to the authorities to preserve the park area [land in question] for park purpose only and not to change the same for any other purpose.

(2.) The petitioners are claiming to be the residents of Kottur Town Panchayath. It is their contention that the land in Sy.No.765/1 of Kottur Village, Kudligi Taluk is the reserve land and in the revenue records, it is specifically mentioned as park and overhead water tank. This being the position, the local Town Panchayath of Kottur is trying to convert this park area to Panchayath Office Complex.

(3.) Learned counsel Sri.N.Shankaranarayana Bhat, appearing for the petitioners placing reliance on the Record of Rights [RTC] and Pahani in respect of the land in question for the years 2001-02, 2014-15 and 2015-16, submitted that the said land is reserved for public purpose and in the relevant column, it is specifically shown as water tank and park. Reference was made to the resolution dated 15.07.2016 at Annexure-D to the writ petition as well as resolution dated 16.09.2016 at Annexure-E to the writ petition and the order of the Deputy Commissioner, District Town Development Section, Bellary whereby administrative approval has been granted to Kottur Town Panchayath for the work of Constructing new building in the very spot where the present old office of the Town Panchayath is located and the grant is allotted for the said project [Annexure-F to the writ petition]. Inviting the attention of this Court to Section 306 of the Karnataka Municipalities Act, 1964 ['Act' for short], it was submitted that, the Deputy Commissioner is required to follow the procedure prescribed to modify the order passed earlier. Such procedure not being complied with, the impugned order dated 06.12.2016 at Annexure-H is unsustainable.