Security for encroached land?

Security for encroached land?

By S Lalitha & Satish Shile,DHNS,Bangalore:



Many commercial and residential properties have mushroomed on 13 acres and 10 guntas of government land at Sajjepalya on Magadi Road. But the irony is that an encroacher has filed a police complaint demanding security for his property.


According to a revenue transfer certificate (RTC) issued by the Revenue Department, a copy of which is available with Deccan Herald, the specified plot at Survey No. 2/2 in Sajjepalya of Yeshwanthpura Hobli is government gomala (grazing land). The guidance value of the land in Sajjepalya is Rs 700 per square feet. However, the market rate may touch Rs 2 crore per acre.

The encroachment by private parties came to light when M G Devaraj, who claimed that two acres of land belonged to him, filed a complaint with the Kamakshipalya police station in May 2006, demanding security for his property.

Devaraj, in his complaint, stated that his father, the late M P Gangappa, had bought two acres from Channappa — who is also dead — the owner of the property, in 1984. He said his father entered into an agreement with Gangappa and paid Rs 3.2 lakh as advance. In his complaint, Devaraj referred to Gangappa as the owner of the land. However, the property was not registered in Gangappa’s name.









Rightful owners
Devaraj moved the City Civil Court stating that he, his sister and mother were now the rightful owners of the property following the death of Gangappa in 1994. He pleaded that the property be registered in his name in 1994. The court in its order on March 31, 1997, directed that status quo be maintained.

Devaraj sought security from Kamakshipalya police when a person named D Arun started construction work on the disputed land. Devaraj alleged that Arun’s act went against the court’s order and legal action must be initiated against him.

A senior police officer, who went through the records submitted by the complainant, took the matter seriously. However, on referring the RTC, he learnt that it belonged to the State government. The matter has been referred to the Bangalore Urban District Administration.

Meanwhile, Special Deputy Commissioner (Enforcement) Shanthappa said that the records with the State government confirmed that the land was indeed government property. It has been encroached upon by seven persons.

The district administration has booked cases against them on charges of fabricating documents, under Section 136/3 of the Karnataka Land Revenue Act.