IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WP NO. 5582-84/2017 (LA-BDA)

BETWEEN:

Sri. A. Ramamurthy & Others ……PETTITIONER

AND:

The State of Karnataka & Others ……RESPONDENTS

AFFIDAVIT

I Devapriya, W/o Kumar, aged about 45 years, # 01, Chattappa Garden,

Cox Town, Jeevanahalli, Bangalore, do hereby solemnly affirm and state

on oath as under:

1. I am the proposed Respondent No. 5 in the present petition. I am well

conversant with the facts of the case. Hence, I am swearing to this

affidavit on behalf of the proposed Respondents No. 6 to 138.

2. The Petitioner has filed the above writ seeking, inter alia, issuance of a

declaration that the preliminary notification date 02.06.1978 published

in Official Gazette on 29.06.1978 and the final notification dated

30.09.1980 published in Official Gazette on 09.10.1980 vide Annexures -

A and B as having lapsed by virtue of Sec. 24(2) of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, and to issue a declaration that the preliminary

notification dated 02.06.1978 published in Official Gazette on

29.06.1978 and final notification dated 30.09.1980 published in Official

Gazette on 09.10.1980 vide Annexures-A and B are deemed to have been

lapsed by virtue of Sec. 27 of the Bangalore Development Act, 1976.

2. It is submitted that the Writ Petition is false, frivolous and not

maintainable either in any law or on facts.  

3. It is submitted that lands of the petitioners, admittedly have been

acquired by the state under the Bangalore Development Act, 1976. The

said acquisition proceedings have been completed with the passing of the

award and deposit of the award amount with the jurisdiction Civil Court.

4. It is submitted that, in the meeting held on 18.04.2017 under the

chairmanship of Hon'ble Planning Minister (Subject No: 44/17) Survey

no. 157/3, 150 and 152 were earmarked for rehabilitating slum area by

the Karnataka Slum Development Board. It was also decided that no

objection letter from the authority (BDA) as per the request of the

Respondent No.01 was to be issued. It is further submitted that the

possession of the land was taken over by the respondent no.2 and award

came to be passed and the award amount was deposited before the

jurisdiction Civil Court. A copy of the proceedings dated 18.04.2017 is

produced herewith and marked as ANNEXURE-R1.

5. It is submitted that the possession of the land is handed over to the

applicant by the respondent no. 2 by communication dated 22.05.2017.

The project for the construction work of 616 houses in various slum

areas including 173 houses in Chattappa Garden slum area of

Sarvajnanagar assembly constituency came to be approved and the work

order came to be issued by the applicant on 21/24.05.2018. The said

work order provided for construction of 616 GF units including

infrastructure work. It is further submitted that accordingly the work for

construction of 173 was commenced on 12.07.2019. It is further

submitted that out of the 173 houses 133 houses have already been

roofed and the remaining houses are in various stages of progress.

7. It is submitted that, as per the communication issued by the BDA to

the Commissioner of Karnataka Slum Development Board, in pursuance

of the meeting held on 18.02.2017 under the chairmanship of Hon'ble

Bangalore Development Authority and Urban Planning Minister

regarding the construction of houses by the Slum Development Board

and BDA living in the slum area of SarvajnaNagar Assembly

constituency, the BDA has requested for issuance of no-objection letter

to the Karnataka Slum Development Board since there is supposed to be

a construction of sewage area in the areas mentioned in the

communication by the BDA dated 22.05.2017. A copy of the

communication dated 22.05.2017 and 29.01.2018 is produced herewith

and marked as ANNEXURE-R2 & R3.

8. It is submitted that on 21.05.2018 the Karnataka Slum Development

Board has issued a notice to proceed with the work of construction of

616 GF Units including infrastructure works in 4 selected slums of

Sarvargangara, Bengaluru to M/s. Maverick Holdings & Investment Pvt

Ltd pursuant to them signing the contract at a tender price of (Rs.

35,03,04,000/- (Rupees Thirty Five Crores Three Lakhs Four

Thousand Only) (3.65% above SR 2016-17) and furnishing a sum for

security deposit. A Copy of the communication dated 21.05.2018 is

produced herewith and marked as ANNEXURE-R4.

9. It is submitted that the Bangalore Development Authority issued

allotment letter dated 16.01.2019 with reference to the communication

dated 29.01.2018 (ANNEXURE-R3), has allotted the land bearing Sy No.

150/1 measuring 2 Acres 2 Guntas to the Karnataka Slum Development

Board. A Copy of the allotment letter dated 16.01.2019 is produced

herewith and marked as ANNEXURE-R5.

10. It is submitted that the Karnataka Slum Development Board through

communication dated 30.05.2019 requested the Bangalore Development

Authority to take necessary steps to hand over the remaining 1 Acre 21

Guntas on the basis of the reply letter given by the BDA on 22.05.2017

as on the meeting held in 07.03.2019 under the Chairmanship of the

Hon’ble Minister of Heavy and Medium Industries. A Copy of the

communication dated 30.05.2019 is produced herewith and marked as

ANNEXURE-R6.

10. It is submitted that there was deposit of amounts in the banks of the

Respondents-beneficiaries with respect to the construction of 616 GF

units including infrastructure works etc. A Copy of the amount deposited

along with the list of beneficiaries is produced herewith and marked as

ANNEXURE R-7.
10. It is submitted that the government has issued an order on

27.11.2020 to distribute the title deeds to the slum dwellers by the

Municipal Corporation and local bodies. According to the order of the

government, the title deeds (land rights) have to be distributed to the

slum dwellers. Accordingly, on 28.04.2022, the board has already

distributed the title deeds to the slum dwellers of Chattappa Garden in

the presence of the local MLA. Copies of the Hakku Patra are produced in

the memo for production of documents.

11. It is submitted that on 28.04.2022, the Board has also already

distributed the title deeds to the slum dwellers of Chattappa Garden in

the presence of the local MLA. In-fact the Respondents herein are seen

receiving the Hakku Patra by the local MLA and others in the

photographs. The land owner himself is seen handing over the Hakku

Patra to the Respodnents. Copies of the Photographs are produced

herewith produced and marked as ANNEXURE-R8 and Copies of the

Photographs of the ground floor buildings constructed are herewith

produced and marked as ANNEXURE-R9

12. I state that since the applicant is necessary and proper party to the

above proceedings, this application seeking to be impleaded as

Respondent No. 5 to 138 in the above proceedings. In the light of

controversy involved in the proceedings, impleading of the applicant is

essential for complete adjudication of the dispute. No prejudice would be

caused to petitioner or respondents No. 1 to 4 if applicant permitted to

be impleaded as Respondent No. 5 to 138. Per contra the applicant shall

suffer irreparably if the present application is not allowed.

WHEREFORE it is most respectfully prayed that this Hon'ble Court may

be pleased to allow the accompanying application and direct the

Petitioners for impleading Respondent No. 5 to 138, in the interest of

justice and equity. 

BANGALORE
DATED:
DEPONENT
IDENTIFIED BY ME

ADVOCATE

NO. OF CORRECTIONS
 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

WP NO. 5582-84/2017 (LA-BDA)

BETWEEN:

Sri. A. Ramamurthy & Others ……PETTITIONER

AND:

The State of Karnataka & Others ……RESPONDENTS

AFFIDAVIT

I Devapriya, W/o Kumar, aged about 45 years, # 01, Chattappa Garden,

Cox Town, Jeevanahalli, Bangalore, do hereby solemnly affirm and state

on oath as under:

1. I am the proposed Respondent No. 5 in the present petition. I am well

conversant with the facts of the case. Hence, I am swearing to this

affidavit on behalf of the proposed Respondents No. 6 to 138.

2. I state that Paras 1 to 13 of application filed under section 151 CPC

for vacating the interim order are true to the best of knowledge, belief

and information.

I, the abovementioned do hereby state and verify that the contents of this

affidavit are true and correct to the best of my knowledge and belief.

BANGALORE
DATED:
DEPONENT
IDENTIFIED BY ME

ADVOCATE

NO. OF CORRECTIONS