Bengaluru: Strongly pulling up the Central Relief Committee for litigating against the notification of 27 guntas of land for rehabilitation of slum dwellers, the high court directed the Karnataka Slum Development Board to proceed without any further delay.
On Oct 20, 2014, a preliminary notification was issued and on Sept 22, 2017, the deputy commissioner of Bengaluru Urban issued an order declaring 27 guntas in Sajjepalya village, Yeshwantpur hobli, Bengaluru North taluk, as a slum.
Challenging this, the Central Relief Committee — constituted under Karnataka Prohibition of Beggary Act, 1975 — claimed it was in possession of the land in question and there was no provision under the Karnataka Slum Areas (Development) Act, 1973 to issue a preliminary notification and then acquire lands.
On the other hand, the slum dwellers argued that the relief committee can’t maintain the writ petition. They claimed that while one wing of the state was fighting another, they (the slum dwellers) were trapped for several years.
After perusing the material on record, Justice M Nagaprasanna noted that the state govt has the power to declare a particular area as a slum. He added that the Central Relief Committee has kept the pot of litigation boiling for the past seven years and there has been no rehab of the slum dwellers.
The judge noted that what is taken away by the impugned action is barely 27 guntas, out of the 63 acres with the Central Relief Committee. “If a major portion of the land had been taken away, it would’ve been a circumstance altogether different… Therefore, the challenge is rendered unsustainable and a direction must ensue to speed up construction on the 27 guntas of land declared to be a slum by the impugned action,” the judge said. The judge also noted that the Central Relief Committee has let several entities encroach its land but is not pointing a finger at them. Instead, it is making a hue and cry about 27 guntas of land being granted for the rehabilitation of slum dwellers.
On Oct 20, 2014, a preliminary notification was issued and on Sept 22, 2017, the deputy commissioner of Bengaluru Urban issued an order declaring 27 guntas in Sajjepalya village, Yeshwantpur hobli, Bengaluru North taluk, as a slum.
Challenging this, the Central Relief Committee — constituted under Karnataka Prohibition of Beggary Act, 1975 — claimed it was in possession of the land in question and there was no provision under the Karnataka Slum Areas (Development) Act, 1973 to issue a preliminary notification and then acquire lands.
On the other hand, the slum dwellers argued that the relief committee can’t maintain the writ petition. They claimed that while one wing of the state was fighting another, they (the slum dwellers) were trapped for several years.
After perusing the material on record, Justice M Nagaprasanna noted that the state govt has the power to declare a particular area as a slum. He added that the Central Relief Committee has kept the pot of litigation boiling for the past seven years and there has been no rehab of the slum dwellers.
The judge noted that what is taken away by the impugned action is barely 27 guntas, out of the 63 acres with the Central Relief Committee. “If a major portion of the land had been taken away, it would’ve been a circumstance altogether different… Therefore, the challenge is rendered unsustainable and a direction must ensue to speed up construction on the 27 guntas of land declared to be a slum by the impugned action,” the judge said. The judge also noted that the Central Relief Committee has let several entities encroach its land but is not pointing a finger at them. Instead, it is making a hue and cry about 27 guntas of land being granted for the rehabilitation of slum dwellers.
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