This is the second time BBMP lost
16 guntas of land if you have remembered our previous post on how court verdict BBMP to loose plot and now it is finalized. The land which measures about 17, 425 sq. ft. and was a well-developed
park in Jaraganahalli, off Bannerghatta Road close to J P Nagar to one Mr. V
Krishna Murthy. On February 2016 BBMP lost 10, 889 sq. ft. of park land located
at Koramangala V Block to a Jayanagar resident Mr. Pratap Kumar Reddy. This
park is situated in Bommanahalli and the price of 17, 425 sq. ft. of land costs
around Rs. 14 crores at the rate of Rs. 8, 000 per square feet. The first one
that BBMP lost was estimated to be costing about Rs. 20 crores.
This park that was lost by BBMP
to Mr. V Krishna Murthy consisted of a play area, pathways and a garden. This
was developed by BBMP at a cost of Rs. 1.5 crores which is necessarily tax
payer’s money. BBMP developed the park and fenced it and subsequently fought a
law suit with Mr. Murthy for eight years.
After eight years BBMP lost the case on
the final verdict of the court on April the 5th 2016 in the XXVII
additional City Civil Court to Mr. Murthy.
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| Jaraganahalli Park built in illegal land by BBMP |
In the final verdict the court directed
the BBMP to remove the fencing of barbed wire and also to demolish the cemented
road in the park. Subsequently BBMP should hand over the possession of the park
to Mr. Murthy. The court ordered that Mr. Murthy is the sole owner of the property
with survey no. 72/1A2 and the other is the OS no. 591/2003.
After one of the defendants, Mr. J
N Lokesh working as an Assistant Engineer did not appear in the court for the
purpose of cross examination, was the case discarded. Subsequently another
assistant engineer who was another defendant appeared and was examined. In his
written statement he maintained that Sy. No. 72/1A is in the name of Mr. V
Krishna Murthy.
The lower court passed the
judgement stating that the government had acquired the 3 acres of the said land
for the purpose of constructing the residential layouts which was meant to be
distributed to the economically weaker sections of the society. But the court
gave the verdict that except for the land for the said purpose BBMP did not
have any rights on the other remaining properties. Hence all the 16 guntas of
the land does not belong to the BBMP.
The court maintained that Mr. Murthy had put a
compound wall and also did construct a shed on the property. This meant, the
court maintained that he was in the lawful possession of the property. On top
of that the court also maintained that the records show that Mr. Murthy has
sold only five acres of land out of the 16 guntas. The court maintained that
this land was fenced by BBMP on the deputy commissioner’s directions on the
date of February 24th 2014 in the presence of the police officials.
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