Namma Bengaluru Foundation
land1

Public Land Encroachment PIL

Karnataka, especially Bengaluru, has faced the brunt of rampant land encroachments by erring building for years now. Taking note of this issue, Namma Bengaluru Foundation filed a public interest ligitation in the Karantaka High Court on March 28, 2013 against the State of Karnataka stating government’s inaction against the numerous land encroachments.

Reason for filing the PIL 

1. Report  of the Task Force for Recovery of Public Land and its protection (Chaired by V. Balasubramanium) was not accepted by the Government.

2. Over 11 lakh acres of public land in Karnataka is encroached.

3. Immense loss to the State Exchequer.

Respondents 

1. State of Karnataka

2. Karnataka Public Lands Corporation Limited 

Prayer/Relief sought

1. Issue a Writ of Mandamus or order, setting aside Government Order No. RD 897 LGB 2010 dated 4th January disbanding the Task Force with effect from 4th July, 2011

2. Issue a Writ of Mandamus or any other appropriate Writ or Order, directing the Respondent No. 1 to recover the land illegibly grabbed by the private persons/institutions/trusts/societies/non-governmental associations and organisations;

3. Issue a Writ of Mandamus or any other appropriate Writ or Order, directing the Respondent No. 1 to prosecute the government officials/servants and private persons/Institutions/ trusts/ societies/non-governmental associations and organisations who connived and conspired with each other in grabbing the Public Land illegally

4. Issue a Writ of Mandamus or any other appropriate Writ or order, directing the Respondents No. 1 to 3 to implement all the recommendations made in the report dated June 30, 2011, submitted by Task Force for Recovery of Public Land and its protection and reports dated February 14, 2007 and June 26, 2007 submitted by the Joint Legislature Committee of the Karnataka Legislature, on Encroachments in Bangalore Urban District i.e. the Ramaswamy Committee Report

5. Issue a Writ of Mandamus or any other appropriate Writ or Order, restraining the Respondents from, in any manner, alienating public land to private individual/institutions/trusts/societies/non-governmental associations and organisations, without following the due process of law;

6. Pass such orders and further orders as may be deemed necessary in the facts and in the circumstances of the case.

Status 

On August 27, 2014, the state government informed the Karnataka High Court that it would recover 1.36 lakh acres of  the total encroached public land by the end of 2015. The government submitted that it has come up with an action plan and district level task forces have been set-up under the deputy commissioners to remove encroachments.

The state is aiming to recover around 4, 54,704 acres of revenue land, which is part of the total 11 lakh acres of public land under encroachment across the state. However, the government is not planning to recover the remaining 7.54 lakh acres as it is considering regularisation of unathorised occupants under Section 94A and 94B of the Karnataka Land Revenue Act, 1964. 

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