Dismissed¶56

Smt Jayamma v. State of Karnataka

Karnataka HC10 Mar 2025WP/3509/2024

Case brief

AI extract

What is this about?

Keywords: Section 71 Karnataka Land Revenue Act 1964; Section 11 Karnataka Slum Areas (Improvement and Clearance) Act 1973; slum clearance area declaration; Sarkari Gomal land; rehabilitation of tank-bed dwellers; Rajiv Gandhi Nagara; Survey No.89 Medahalli; Survey No.58 K.R. Puram; playground/park/stadium claim; certiorari under Articles 226 and 227; PIL dismissed; Karnataka High Court Division Bench; WP No. 3509 of 2024.

What did the court decide?

The impugned order was passed in exercise of statutory powers and subserves the public purpose; no case is made out to grant any relief to the petitioners. ¶55

Smt Jayamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the order dated 27.09.2023 issued by respondent No.2-Deputy Commissioner handing over 4 Acres and 15 Guntas of land in Survey No.89 of Medahalli Village to respondent No.4-Karnataka Slum Development Board (and the consequential order dated 11.12.2023) was liable to be quashed by writ of certiorari. +1 more

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Court's answer

The impugned order was passed in exercise of statutory powers and subserves the public purpose; no case is made out to grant any relief to the petitioners.

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Ratio / Principle

Under Section 11 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 the State Government has power to notify and declare an area as slum clearance area, and Survey No.58 (Rajiv Gandhi Nagara) was so declared on 14.06.2024 for shifting the slum dwellers to the rehabilitation site.

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Key takeaways

Construction for rehabilitation of slum dwellers on the allotted portion of Survey No.89 is in progress nearing completion, and the whole project is a public purpose.ratio¶54

Detailed headnote1 paragraphs

Division Bench of the High Court of Karnataka (Chief Justice N.V. Anjaria authoring, with M.I. Arun, J.) dismissed a public interest writ petition by two residents praying for certiorari to quash the Deputy Commissioner, Bengaluru Urban District's order dated 27.09.2023 (Annexure-G), passed under Section 71 of the Karnataka Land Revenue Act, 1964, allotting 4 Acres and 15 Guntas of Survey No.89 of Medahalli Village (notified Sarkari Gomal land) to the Karnataka Slum Development Board, and seeking a direction to reserve the land as playground, park and stadium. The Court found the allotment was made for rehabilitation of about 160 families occupying the flood-prone tank-bed area (Rajiv Gandhi Nagara) of Survey No.58, K.R. Puram, following a proposal of 31.08.2023 and a declaration dated 14.06.2024 under Section 11 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973; photographs showed rehabilitation construction nearing completion. Held: the impugned order was passed in exercise of statutory powers and subserved a public purpose; no case for relief. Petition dismissed; pending interlocutory applications disposed.

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NC: 2025:KHC:12711-DB WP No. 3509 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF MARCH, 2025 PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE M.I.ARUN

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WRIT PETITION NO. 3509 OF 2024 (GM-RES-PIL)

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BETWEEN :

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SMT. JAYAMMA W/O SRI MANI AGED ABOUT 69 YEARS R/AT No. 29, 3^RD CROSS BEHIND S.J.E.S. COLLEGE K.R. PURAM, VIRGONAGAR POST BANGALORE NORTH BANGALORE - 560 049

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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SMT. RADHA W/O SRI GOPAL AGED ABOUT 51 YEARS R/AT No. 344, 5^TH CROSS JYOTHI NAGAR BEHIND S.J.E.S COLLEGE VIRGONAGAR POST BANGALORE NORTH BANGALORE - 560 049

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…PETITIONERS

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(BY SRI. RAJESH GOWDA, ADVOCATE)

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AND :

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT

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NC: 2025:KHC:12711-DB WP No. 3509 of 2024

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M S BUILDING

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BENGALURU - 560 001

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THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G. ROAD BANGALORE - 560 001

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THE TAHSILDHAR BANGALORE EAST TALUK K.R. PURAM BANGALORE - 560 036

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KARNATAKA SLUM DEVELOPMENT BOARD No.55, 3^RD FLOOR ABHAYA COMPLEX RISALDAR STREET SHESHADRIPURAM BANGALORE - 560 020 REP. BY ITS COMMISSIONER

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…RESPONDENTS

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(SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 3 SRI K. SHASHIKIRAN SHETTY, SENIOR ADVOCATE FOR SRI B.B. PATIL, ADVOCATE FOR RESPONDENT No.4 & SMT. M. BINU, ADVOCATE FOR IMPLEADING APPLICANTS IN I.A. No.2/2024)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDER DATED 27/09/2023 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G AND DIRECT THE RESPONDENTS TO USE THE SAID LAND TO PUBLIC PURPOSE OF PLAYGROUND, PARK AND STADIUM & ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC:12711-DB WP No. 3509 of 2024

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. Rajesh Gowda for the petitioner,

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learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 3, learned Senior Advocate Mr. K. Shashi Kiran Shetty for learned advocate Mr. B.B. Patil for respondent No.4 and learned advocate Ms. M Binu for the impleading applicants.

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Two petitioners have filed this petition styling it as public interest petition in which what is prayed is to set aside the order dated 27.09.2023 issued by respondent No.2-Deputy Commissioner, Bengaluru Urban District, Bengaluru and to direct the respondents to use the land Survey No.89 of Medahalli Village for public purpose of playground, park and stadium. It is further prayed to set aside the order dated 11.12.2023 passed by respondent No.2 in favour of respondent No.4-Karnataka Slum Development Board.

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The case of the petitioners is that the land Survey No.89 aforementioned has been under use by people of many villages and more than 15000 students as a playground since several years. The land is used for public purpose, according to the petitioners. The allegation is that respondent No.2-Deputy Commissioner, Bengaluru without adhering to any procedure granted 4 Acres and 15 Guntas of land from the said survey number to respondent No.4-Slum Development Board and further that in the said land, unauthorised encroachments have come up. It was the case of the petitioners that continued unauthorised encroachment has resulted into negation of utility of land for the public purpose of playground and that the interests of the larger public has suffered.

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Respondent Nos.1 to 3 in their statement of objections-cumaffidavit in-reply stated that the said order dated 27.09.2023 issued by respondent No.2 is in exercise of powers under Section 71 of the Karnataka Land Revenue Act, 1964. The land to the extent of 4 Acres and 15 Guntas in the said survey number has been transferred in public interest for the purpose of rehabilitation of the persons who were the occupants of tank bed in Survey No.58 of

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NC: 2025:KHC:12711-DB WP No. 3509 of 2024

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K.R. Puram Village, K.R. Puram Hobli, Bengaluru East Taluka . It

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was stated that the total area is 15 Acres and 27 Guntas which is notified as Sarkari Gomal land.

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4.1 Out of the said total land, at different times, different parcels of land came to be granted to various persons, who stay thereat in small houses in the nature of huts. It is stated that the persons occupying the tank place in K.R. Puram Village had constructed their houses to live with their families. The said tank bed area was commonly known as Rajiv Gandhi Nagara.

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4.2 It was pointed out that during monsoon season, water used to enter the houses and huts put up at the said K.R. Puram Village. Many houses used to collapse due to flood, displacing the occupants. In order to obviate this difficult, alternate land was searched and after survey undertaken it was found feasible to allot portion of unutilized Gomal land of Medihalli Village.

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4.3 Respondent No.3-authority examined the record and secured the report from the jurisdictional revenue inspector. A proposal was forwarded on 31.08.2023. Since respondent No.2 is a competent authority for reserving the land for the public purpose

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under Section 71 of the Karnataka Land Revenue Act, 1964, procedure was accordingly done. Thereafter, the impugned order dated 27.09.2023 was issued, whereby respondent No.2 directed that 4 Acres and 15 Guntas of land in the said survey number should be handed over to respondent No.4-Slum Development Board for rehabilitating the persons who had been occupying the tank bed in K.R. Puram Village.

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4.4 Respondent No.4 also filed its reply to point out that rehabilitation was necessary for the inhabitants in Survey No.58 of K.R. Puram. It was stated that land Survey No.89 was identified and part of the land was handed over to Slum Clearance Board for undertaking the project and for rehabilitation of affected inhabitants of the K.R. Puram area. In a subsequent affidavit dated 13.12.2024 filed by the competent authority of respondent No.4-Slum Development Board, it was stated that 160 slum dweller families had been residing in tank bed area, K.R. Puram.

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From the above facts and aspects, it is evident that under Section 11 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 the State Government has power to notify and declare the area as slum clearance area. The reports were

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obtained and after considering the reports, declaration under Section 11 of the Act was made for the purpose of shifting the slum dwellers to the rehabilitation site. The Deputy Commissioner was requested by the Slum Clearance Board to declare the Rajiv Gandhi Nagara area in Survey No.58 under K.R. Puram Constituency as slum clearance area and to allot land for reallocation of slum dwelling families.

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5.1 In other words, the order dated 27.09.2023 is passed under Section 71 of the Karnataka Land Revenue Act, 1964 for the purpose of relocation of Rajiv Gandhi Nagara Slum dwellers. The land is handed over to the Karnataka Slum Clearance Board for the purpose. The Tahsildar has conducted a survey and list of beneficiaries is forwarded to the Deputy Commissioner. Thereafter, the said Survey No.58 of Rajiv Gandhi Nagara is declared under Section 11 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 on 14.06.2024 as slum clearance area. Notification in this regard has been published.

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5.2 The photographs are produced by the respondents which depict that in the portion of land allotted for the purpose of rehabilitation of slum dwellers, the construction is in progress to a

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great extent nearing completion. The photographs produced along with the memo dated 19.02.2025 are clear to show the extent of constructions of the which have already come up. The whole project is a public purpose.

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The order impugned is passed in exercise of statutory powers and it subserves the public purpose. No case is made out to grant any relief to the petitioners.

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