BBMP has no power to conduct survey: HC

The High Court on Thursday passed an order stating that the BBMP did not have the power to constitute a joint inspection committee  to conduct the survey of Mantri Square (mall) area in Malleswaram. The survey report prepared by the said panel has stated that Mantri group had encroached upon 4.35 acres of government land.

Justice Ram Mohan Reddy, while allowing the petition filed by the Hamara Shelters Private Limited (Mantri group), directed to recover the cost of the survey from those officers who were part of the joint inspection committee and those involved in conducting the survey. The bench observed that conducting the survey was illegal and arbitrary.

The petitioner had sought directions to quash the joint committee survey conducted by BBMP on the Mantri Square area and Palike’s order cancelling its khata and to revalidate the transfer development rights (TDR).

With regard to TDR, Mantri group had sought for revalidation of the land after five years. The BBMP had contended that the land never belonged to Mantri group. Subsequently, the Bangalore Metro Rail Corporation Limited and Mantri group had prepared an integrated plan to developed the Swastik Metro station jointly. The BBMP again contended that as per the joint inspection report, the land did not belong to Mantri group. However, through an interim order, the plan for Swastik Metro station was approved by BBMP. 

The bench observed that the delay tactics adopted by BBMP has resulted in increase in the of cost of construction of the Swastik Metro station. BBMP did not have the powers to cancel the khata of the Mantri group and quashed the show-cause notice issued by the revenue officials of the BBMP to the Mantri group questioning on why khata should not be cancelled.
The bench also quashed the suo motu revision proceeding initiated by the Commissioner of Survey and Settlement Department to conduct an inspection of the Mantri Square area.
The joint inspection committee included a Deputy Commissioner, Health officers and Land Acquisition officers.