The High Court of Karnataka has dismissed a PIL challenging the state government's grant of four guntas of land in Siddapura village, known as "Siddapura Lotus Pond".
The court observed that the petitioner has failed to establish from the revenue records that the lotus pond is situated in the canal in survey number 7 of Siddapura village, Varthur hobli.
The petitioner, Whitefield Rising Trust, claimed that 22 guntas of land in survey number 7 was a waterbody and a portion had been illegally granted as alternate land in May 2012. The grant was in favour of four people who had lost their sites in different survey numbers for the formation of drainage in Ashraya Colony, situated at Gunjuru Palya, Varthur hobli.
The petitioner stated that Indira Devi and Rami Kanwar had bought four guntas from these grantees and are putting up a commercial complex. The petitioner contended that it was illegal to grant four guntas out of 22 guntas, classified as 'B' kharab earmarked for public purposes.
A division bench comprising Chief Justice Prasanna B Varale and Justice MGS Kamal noted that only in the RTC extract for the years 1991-92 to 1994-95, there is a mention of "sarkari kunte" along with a reference to "mufat kaval" and there are no other records indicating a mention of "sarkari kunte".
"When it is clear from the records produced by the parties and respondent authorities that the kunte/tank is situated within land in survey number 8, the question of validity or otherwise of the grant of 0.04 guntas of land from and out of 22 guntas of land in survey No 7 in favour of private parties by the authorities becomes insignificant for the purpose of adjudication of present lis, inasmuch as the primary contention of the petitioner is that Siddapura Lotus Pond is situated in the canal in survey No 7, which they failed to establish,” the bench said.
The bench noted that neither sanction plan has been issued nor any construction activity is being taken place over the said piece of land.
"Notwithstanding the findings regarding the non-existence of the tank within 22 guntas of land in survey no 7, it is made clear that while considering the application for issuance of sanction plan, the BBMP authorities concerned shall ensure due compliance with regard to all applicable laws, including the buffer zone relating to water tank/pond if any," the bench said.