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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Between
:- Judicial Layout Residents and Site Holders Association
……… Petitioners INSPECTION REPORT A survey was conducted on 5-1-2007 and 18-1-2007. We inspected certain extent of land mentioned in the I.As submitted to the Court by the Respondent No.4- Society.
1.
The temple site earmarked as one in the
map submitted by the BDA, was inspected. The said site measures 80’
x 100’.
2.
The area earmarked as 1203 is not in
existence. 3. The park area earmarked as III was also measured. The said area measures 424 Ft x 267 Ft. While the said measurements were being taken one Muni Narayanappa s/o Muniswamappa gave a statement that he is the owner on .29 guntas of land in the said area. He stated that he is the owner of the said land and it was seen that several thatched roof huts were built on the said land. He has also produced encumbrance for the same. Sri Muninarayanappa is in possession of 0.28 Guntas.
4. In so far as the area ear-marked as IIIA is concerned, the measurement was taken and it is found that the area measures 968’ x 102’ + _11/2; (54692 Sq Ft)
5. IIIB: Area bearing No. IIIB was also measured. The said area measures about 40’ + 37/2 x 200’. 37+21/ 2x200’; 24 + 29/2 x 200’; and 24+ 19/2 x 13 (28860 Sq Ft)
6.
IIIC: Railway Marginal Land: The area
ear-marked as IIIC, was also measured. The said area measures 10.10’
+ 4/2 x 409’. At one end the area measures 4 Ft. in width and at the
other end the same measures about 14Ft. (2863 Sq Ft) 7. In so far as area ear-marked as IIID in the map submitted by the society the area was measured and the same measures 76 + 76 + 72/3 x 898’. In the said area a storm water drain measuring 300’ x 15’ has been constructed. The said storm water drain has not been fully constructed. At northern end of the area there is a burial ground and there are six tombs. Beside six tombs there is a structure constructed by the city Municipal Council and the same is no in use. About 10 Ft. depth drain exists (67050 Sq Ft) through out abutting GKVK Compound.
8. VA:- The area ear-marked as VA belongs to the brother of Sri. Javaji Sreenivasalu, Advocate Javaji Sreenivasalu was also present at the time of taking measurement and he has given a statement that the said land belongs to his brother. He is ready and willing to show the registered sale deeds in that behalf. Hence no measurement was taken. The members of the society did not dispute this fact.
9.
VB:- The area ear-marked as VB measures
16 + 12’/ 2 x 111’. The said area includes footpath and transformer
(1554 Sq Ft)
10.
VA. The said site is vacant measuring 31’
x 60’ (1860 Sq Ft)
11.
Subsequently, the area measuring VD as shown in the map submitted by
the society was inspected. The Respondent No.4- society contends
that the said area measures 50’ x 60 Ft. However, on actual
measurements, the said area measures only 39 Ft x 26 Ft. (1045 Sq
Ft)
12.
Area ear-marked as VE is not in existence
and hence not inspected.
13.
The area ear-marked at VF at para 7 was
also inspected. The said area measures 36’ + 4 + 10 + 14/4 x 160 Ft.
(2560 Sq Ft) 14. At para 8 of the I.A. submitted by the Respondent No.4- society, the Society has shown in the map that it would keep open six sites. On inspection it was found that there are only five sites each measuring 30’ x 40’. It submitted that in the BDA report there are about 38 sites carved out in the said CA area, out of which the Respondent No. 4- Society has consented to relinquish only five sites.
15.
At
para 9 of the I.A. submitted by the Respondent No. 4 – Society, the
society has consented to relinquish about 32,200 Sq. Ft (Burial
ground). It is submitted that the said burial ground is not
available for the benefit of the residents of the judicial layout
and the same is not acquired. The said burial ground is only used by
Allalsandra people for cremation.
16.
The measurements were conducted in
the presence of the petitioners as well as the members of the
society. All the areas earmarked above are carved out of the Map
produced by the society and is not in accordance with the BDA Map.
__________________________________________________________________________________________ VERIFYING AFFIDAVIT I, M. Chikkalingaiah, S/o Magigowda, Aged about 45 years, Resident of GKVK Post, Bangalore, do hereby solemnly affirm and state on oath as under:
1.
I am the 3rd
Petitioner in the above noted case I know the facts and
circumstances of the case. Hence I am swearing to this affidavit. I
was personally present on 5- 01 – 2007 when the inspection was
conducted. 2. That the statements made in para 1 to 16 of the inspection report accompanying this affidavit are true to the best of my knowledge, information which I believe them to be true and correct.
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