LAWS(KAR)-2019-4-335

LIYAKHAT ALI KHAN Vs. STATE OF KARNATAKA

Decided On April 23, 2019
Liyakhat Ali Khan Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) These petitions involving similar and akin issues, have been considered together and are disposed of by this common order.

(2.) The petitioners have challenged the order dated 20.11.2012 bearing No. Na Aa E 169 MNY 2010 of the respondent No.1 granting permission / sanction for the alienation / transfer / exchange of lands in Kalasipalyam bus stand area to an extent of 4 acres and 13 guntas in favour of respondent No.3 through Bangalore Metropolitan Transport Corporation ['BMTC' for short] by the respondent No.2 i.e., Bruhat Bangalore Mahanagara Palike ['BBMP' for short].

(3.) The petitioners are claiming to be the stage carriage operators on various routes. The bus stand at Kalasipalyam, Bengaluru known as Kalasipalyam bus stand is a specified bus stand for private buses at Bengaluru. It is submitted that almost all stage carriage buses of private operators are required to use Kalasipalyam bus stand to start and terminate the journey at Bengaluru. It is the contention of the petitioners that place/space to an extent of about 5 acres in Kalasipalyam was set apart as bus stand for stage carriage buses for the benefit of traveling public having regard to its location and the said bus stand has been in use for more than six to seven decades. It is contended that the said bus stand area has been transferred by the BBMP to BMTC by virtue of the order of the respondent No.1 impugned herein contrary to Section 176 of the Karnataka Municipal Corporation Act, 1976 ['Act' for short]