- 1 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 13117 OF 2020 (GM-RES-PIL) BETWEEN: 1. SLUM JANARA SANGHATANE-KARNATAKA NO.773, 2ND MAIN ROAD 25TH CROSS LAXMAN RAO NAGAR BENGALURU - 560 047 REPRESENTED BY ITS STATE CONVENER …PETITIONER (BY MS. MAITREYI KRISHNAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B R AMBEDKAR VEEDHI BENGALURU - 560 001 2. STATE OF KARNATAKA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT M S BUILDING DR.B R AMBEDKAR VEEDHI BENGALURU - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 3. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF HOUSING VIKASA SOUDHA DR. B R AMBEDKAR VEEDHI BENGALURU - 560 001 4. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K G ROAD BENGALURU - 560 001 5. KARNATAKA SLUM DEVELOPMENT BOARD RISALDAR ROAD BENGALURU - 560 020 REPRESENTED BY ITS COMMISSIONER 6. BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU - 560 001 REPRESENTED BY ITS COMMISSONER 7. ASSISTANT COMMISSIONER BENGALURU URBAN DISTRICT BENGAURU - 560 001 8. TAHSILDAR BENGALURU SOUTH TALUK BENGAURU - 560 001 9. TAHSILDAR ANEKAL TALUK ANEKAL- 562 106 10. RAJIV GANDHI HOUSING CORPORATION LIMITED CAUVERY BHAVAN 9TH FLOOR, C & F BLOCK K.G.ROAD BENGALURU - 560 009 - 3 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 REPRESENTED BY ITS MANAGING DIRECTOR (IMPLEADED VIDE COURT ORDER DATED 01.03.2021) 11. EXECUTIVE OFFICER TALUK PANCHAYAT, ANEKAL ANEKAL - 562 106 (IMPLEADED VIDE COURT ORDER DATED 09.07.2021) …RESPONDENTS (SMT. NILOUFER AKBAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4 AND 7 TO 9 SRI S.P. SATHISHA, ADVOCATE FOR RESPONDENT No.5 SRI B.L. SANJEEV, ADVOCATE FOR RESPONDENT No.6 SMT. SUMANA BALIGA, ADVOCATE FOR RESPONDENT No.10 SRI B.S. SUDHINDRA, ADVOCATE OR IMPLEADING APPLICANTS IN I.A No.1/2025 RESPONDENT No.11 IS SERVED AND UNREPRESENTED ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENTS TO CARRY OUT THE EXPEDITIOUS REHABILITATION OF THE EVICTED RESIDENTS OF WEAVERS COLONY, GOTTIGERE EXPEDITIOUSLY WITHIN A PERIOD OF 6 MONTHS AND PROVIDE THEM WITH HOUSES AND BASIC AMENITIES INCLUDING SANITATION, WATER, ELECTRICITY AND OTHER NECESSARY AMENITIES AT THE PLACE OF REHABILITATION AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Ms. Maitreyi Krishnan for the petitioner, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 4 and 7 to 9, learned advocate Mr. S.P. Sathisha for respondent No.5, learned advocate Mr. B.L. Sanjeev for respondent No.6, learned advocate Smt. Sumana Baliga for respondent No.10 and learned advocate Mr. B.S. Sudhindra for the applicant in Interim Application No.1 of 2025 who prayed for his impleadment as respondent. Respondent No.11 is served with the notice of the court, but has chosen not to appear. 2. The present is a public interest petition filed by one Slum Janara Sanghatane-Karnataka through its Convener. It is stated that the petitioner is an organization of slum residents which works for social and economic upliftment of the urban poor dwelling in the slums across the State of Karnataka. It is stated that the petition is - 5 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 filed on behalf of the erstwhile residents of Weavers' Colony Slum which was located on Survey No.109, Kalkere Reserved Forest, Gottigere Village, Uttarahalli Hobli, Bengaluru South Taluka. 3. It is the case putforth that 125 families who are residents of the Weavers' Colony Slum, Gottigere are extremely poor families. Their houses were the thatched huts. About 20-30 families had tiled or asbestos roofed houses. Some of the houses were given Hakku Patras by the Bruhat Bengaluru Mahanagara Palike (BBMP). It is stated that these families have been staying in the slum/houses since about 30-35 years. 3.1 It is the case that despite several requests made to the authorities for providing basic amenities and to make the area habitable, it was not done. Several of the men from the families were required to go to construction work and many women were forced to become domestic workers in nearby apartments. These residents and the family members, it was stated, are socially and economically backward sections of the society living life full of hardships. - 6 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 3.2 It appears that the colony was located on the forest land, Bannerghatta Circle. The dwellers were sought to be evicted by the Forest Department on 15.11.2014. Along with about 100 police personnel, officers of the Forest Department came with JCBs and razed the houses to the ground, the residents' pleading in vain. 3.3 It further appears that rehabilitation process of the residents of the slum whose houses were demolished as above, was started and list of families who were evicted on 15.11.2014 was prepared. The Forest Department gave list of 55 families who were evicted on 15.11.2014 who were found to be needing rehabilitation. 3.4 With such basic premise of facts, the prayer was made in the petition seeking direction against the respondents to carry out the process of rehabilitation expeditiously for the evicted residents of Weavers' Colony Slum, Gottigere and to complete the same within in a time bound period. It was prayed to provide the evicted families with the houses and basic amenities including sanitation, water, electricity and other essential needs to lead life. Prayer was advanced for making payment of compensation to the families illegally evicted. - 7 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 4. It was contended that this was shocking since there were 125 families who had suffered loss of their houses. It was further contended that the action was voilative of fundamental rights under Articles 14 and 21 of the Constitution. 4.1 The petitioner prayed for right to shelter by relying on the decision of the Hon'ble Supreme Court in Chameli Singh Vs. State of Uttar Pradesh, [(1996) 2 SCC 549] and other decisions. 4.2 Reply came to be filed by the Karnataka Slum Development Board-respondent No.5 herein in which it was stated that the slum houses were situated on the reserved forest land, that the Weavers' Colony Slum was not declared a 'slum' under Section 3 of the Karnataka Slum Area Improvement and Clearance Act, 1973 and that the case of the public interest petitioner was not well founded. 4.3 On behalf of respondent Nos.1 to 4 and 7 to 9, it was submitted that the petition was filed after a gap of more than six years. It was further stated by the State-respondent that the Revenue Department had taken steps to identify certain lands and that order dated 18.06.2015 was passed by respondent No.4- - 8 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 Deputy Commissioner, Bengaluru reserving the land in Survey No.110 of Koppa Village, Jigani Hobli, Anekal Taluka which land admeasures 2 Acres 10 Guntas which was for the purpose of Ashraya Scheme under Section 71 of the Karnataka Land Revenue Act, 1964. In that Scheme, it was provided that the eligible families evicted from the Gottigere Weavers' Colony Slum shall be considered. 4.4 Finally in the compliance affidavit dated 01.02.2022, respondent No.4-Deputy Commissioner stated that the process of allotment of sites to the evicted residents of Gottigere Weavers' Colony Slum has been expedited and that as per the approval given by the Cabinet, land Survey No.110 of Koppa Village, Jigani Hobli has been earmarked for formation of sites and allotment thereof to the affected residents of Gottigere Weavers' Colony Slum. 5. It is to be stated that thereafter the State Government has issued Government Order dated 09.09.2021 directing the Deputy Commissioner to physically transfer the subject matter land to the Executive Officer, Anekal Taluka Panchayat for the purpose of formation of sites under the Scheme within one month. The - 9 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 Tahsildar of the Taluka transferred 2 Acres 10 Guntas of land in the said Survey No.110 by document dated 20.09.2021. 5.1 Subsequently, the Deputy Commissioner has also issued direction to the Executive Officer by letter dated 09.11.2021 for expediting the process of formation of sites and allotment thereof to the evicted residents of Gottigere Weavers' Colony Slum and to rehabilitate them. It is also stated that further process of formation of sites and allotment to the evicted residents of the Gottigere Weavers' Colony Slum would be expedited. 6. While drawing the conclusion of this order, it may be stated that one Sri Chandrappa filed Interim Application No.1 of 2025 seeking his impleadment in the proceedings of the writ petition. His case is that his grandmother Muniyamma was the grantee of the said Survey No.110 (New Survey No.110/P) admeasuring 4 Acres and 11 Guntas, situated at Koppa Village. Since the said land was contemplated to be considered for the Scheme for formation of sites and allotment to the affected families as above, the impleading applicant was aggrieved, wanted to become a party in the writ proceedings. - 10 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 6.1 In this regard, it is to be further noted that the said Sri Chandrappa had preferred an appeal being R.A (A) No.432 of 2022 under Section 136 (2) of the Karnataka Land Revenue Act, 1964 putting forward his claim over the land Survey No.110/P on the ground that it was granted to his grandmother in the year 1937. The said appeal came to be dismissed as per the order dated 05.06.2023 passed by the Assistant Commissioner, Bengaluru South Division, Bengaluru. The Tahasildar, Anekal Taluka, Bengaluru was directed to effect and mutate in the revenue records the name 'Sarkari Kharab Gomal' in respect of the above extent of land Survey No.110/P of Koppa Village. Copy of the said order passed in the appeal was produced in the proceedings. 6.2 Having regard to the stand of the respondent that the land Survey No.110 in question at Koppa Village is earmarked for the Scheme where the sites would be plotted out and would be allotted to the evicted residents of the Gottigere Weavers' Colony Slum, the proceedings of this public interest petition are no longer required to be continued. It is observed that the authorities shall take their decision to earmark and allot the sites on the said land to rehabilitate the families of the Gottigere Weavers' Colony Slum to - 11 - NC: 2025:KHC:15653-DB WP No. 13117 of 2020 its logical end in accordance with law as early as possible and the process shall be completed within one year from today. 6.3 As far as the proposed impleading applicant-Sri Chandrappa is concerned, his impleadment is not required in view of the above facts and development. The impleadment application is not granted. 6.4 However, the said applicant-Sri Chandrappa is not precluded from taking recourse to remedy in accordance with law and as may be available in law against the aforementioned order dated 05.06.2023 in the aforesaid appeal. 7. The present petition as well as the interim application, both stand disposed of as per the order in the above terms. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE AHB, List No.: 1 Sl No.: 107