- 1 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 3509 OF 2024 (GM-RES-PIL) BETWEEN: 1. SMT. JAYAMMA W/O SRI MANI AGED ABOUT 69 YEARS R/AT No. 29, 3RD CROSS BEHIND S.J.E.S. COLLEGE K.R. PURAM, VIRGONAGAR POST BANGALORE NORTH BANGALORE - 560 049 2. SMT. RADHA W/O SRI GOPAL AGED ABOUT 51 YEARS R/AT No. 344, 5TH CROSS JYOTHI NAGAR BEHIND S.J.E.S COLLEGE VIRGONAGAR POST BANGALORE NORTH BANGALORE - 560 049 …PETITIONERS (BY SRI. RAJESH GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 M S BUILDING BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G. ROAD BANGALORE - 560 001 3. THE TAHSILDHAR BANGALORE EAST TALUK K.R. PURAM BANGALORE - 560 036 4. KARNATAKA SLUM DEVELOPMENT BOARD No.55, 3RD FLOOR ABHAYA COMPLEX RISALDAR STREET SHESHADRIPURAM BANGALORE - 560 020 REP. BY ITS COMMISSIONER …RESPONDENTS (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) 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. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Rajesh Gowda for the petitioner, 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. 2. 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. - 4 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 3. 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. 4. Respondent Nos.1 to 3 in their statement of objections-cum- affidavit 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 - 5 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 K.R. Puram Village, K.R. Puram Hobli, Bengaluru East Taluka. It was stated that the total area is 15 Acres and 27 Guntas which is notified as Sarkari Gomal land. 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. 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. 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 - 6 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 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. 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. 5. 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 - 7 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 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. 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. 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 - 8 - NC: 2025:KHC:12711-DB WP No. 3509 of 2024 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. 6. 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. 7. The petition is dismissed. In view of dismissal of the petition, the interlocutory application, as may be pending, would not survive and it stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 36