High Court of Karnataka
Daily Orders of the Case Number : WP 40994/2002 for the date of order 20/09/2013
Honble Justice RAM MOHAN REDDY & H.BILLAPPA
The fourth respondent – Society files a memo dated 20.9.2013 in compliance with the specific proposals contained in the earlier memo dated 5.4.2013 and a further memo dated 23.8.2013. To the memo is enclosed Annexure-R4(L) containing a list of 18 numbers of sites with their property numbers and the areas comprised therein which according to the learned Senior Counsel for the fourth respondent are free-hold properties to be handed over to the Bruhat Bangalore Mahanagara Palike by way of release-cum-relinquishment deeds, to reduce the shortfall in the civic amenity areas comprised in the layout in question. Annexure-R4(N) is said to contain relevant material particulars of the boundaries and the extents comprised in the 18 sites mentioned in Annexure-R4(L), while, Annexure-R4(M) is said to be a letter addressed to the Joint Commissioner of Bruhat Bangalore Mahanagara Palike, Yelhanka Range, with the acknowledgement over the proposal to concede in favour of the Bruhat Bangalore Mahanagara Palike the said sites.
Learned Senior Counsel for the fourth respondent Society submits that the fourth respondent is ready and willing to ensure a joint spot inspection of the said 18 numbers of sites, with the officials of the Bruhat Bangalore Mahanagara Palike and execute release-cum-relinquishment deed/s.
Sri.K.V.Narasimhan, learned counsel for the Bruhat Bangalore Mahanagara Palike, submits that the Bruhat Bangalore Mahanagara Palike is willing to have a joint spot inspection of the said sites, conducted at about 11.00 a.m. on Tuesday i.e., on 24.09.2013 and if found to be freehold sites to take possession of the same where afterwards the respondent No.4 Society to execute the release-cum-relinquishment deeds on Wednesday i.e., on 25.09.2013.
In the memo, at paragraph No.3, it is stated that Annexure R4(P) is a tabular statement containing list of all known disputes and litigations respecting certain properties. Learned Senior Counsel submits that better particulars of the litigation would be made available to the Court by the next date of hearing.
Learned Senior Counsel points to the lay-out map annexed to the memo dated 5.4.2013 to submit that the fourth respondent would explore the possibility of including the road adjacent to block No.7 which stands redundant so as to form a part of the other areas in Block No.7, to be handed over to the Bruhat Bangalore Mahanagara Palike, to further reduce shortfall in the civic amenity area.
Sri.Papireddy, learned counsel for the applicant in I.A.Nos.VI and VII of 2013, submits that the fourth respondent Society having not kept up its promise has resulted in these applications. The fourth respondent Society to file its response to each of the applications.
The fourth respondentSociety to comply with the requirement of joint inspection and execution of release-cum-relinquishment deed as indicated supra.
List this matter on 25.10.2013.