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IN THE HIGH COURT OF KARNATAKA AT BANGALORE ORIGINAL JURISDICTION WRIT PETITION No. 15511-14 of 2013 [GM - RES] PIL BETWEEN: Samaj Parivartana Samudaya and Others AND: Union of India and Others Respondents Petitioners

SYNOPSIS AND LIST OF DATES The short but important question of law that arises for the consideration of this Honble Court in this case is: Is it lawful for our executive Government to deliberately, knowingly and intentionally refuse to act when it is provided with specific, definite and actual information that certain Government lands have been encroached upon by private persons through clandestine, illegal, manipulative, corrupt or fraudulent means? The Petitioners are filing this writ petition solely in public interest. As members of the public, they are aggrieved with a fully provable fact of extensive and unbridled encroachment of public lands across the State of Karnataka. It is very shameful to the rule of law and to the notion of governance that such fearless and continuing encroachment is not merely limited to lands far and away in the forests but is actively evidenced within Bangalore and its surrounding belt. Summary: The issue of massive encroachment of public lands has frequently engaged the attention and anger of the State Legislature leading to proper identification of the encroached lands and little else. A Joint Legislature Committee of the bi-cameral Legislature of Karnataka was

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even set up to examine and to look into all aspects of encroachment of public lands. This committee went about its task and reported, after very extensive examination, that there was simply no administrative will in the State of Karnataka to recover the massive extent of encroached lands. Was there any impediment in terms of the law? None. Numerous statutes already exist in that regard and the only reason for such administrative inaction was a reluctance to bother a few powerful members of the society and of course, the land mafia which is always available on call to make matters worse. On the advice of the aforesaid Joint Legislature Committee that a task force should be established to co-ordinate with the various departments to ensure that encroached lands are identified without any fear and favour and that the recovery of such lands is effected within the scheme of existing laws, a Task Force for Recovery of Public Land and its Protection was duly established by the Government of Karnataka. Perhaps, our executive Government might have intended that, as is the case with numerous such commissions, that this Task Force should while away its time and public money and not accomplish its stated objective. Unfortunately Chief the for the Government, this committee came to be headed by one Sri V.Balasubramanian, Government of retired Additional Perhaps, Secretary, said Sri Karnataka.

V.Balasubramanian could have taken a clue from the various past committees that had largely gone about their task in merely ceremonious ways. He did not. He must have taken the motto Governments work is Gods work that one cannot miss on any Government building in Karnataka quite literally. He went about his work and then prepared a report and called it as Greed and Connivance. His work sent a chill into the heart of all the encroachers as rapid progress came to be witnessed and public lands, at last, began to come back into

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the control and custody of the Government. And, the Government then took the all too predictable step of disbanding the task force altogether. However, the Petitioners believe that the due administrative protocols were not followed in the matter of such disbandment and that the initiative was taken merely by the then Revenue Minister though lands of a dozen other departments were also the subject of encroachment. Further, the cabinet is neither said to have discussed nor approved such disbandment. Before the petitioners proceed to lay down the findings of the said Task Force, they would like to clarify that they are not of the view that the standard of Government conduct in say, the western world or some other foreign country is to be imposed on our Government. Rather, it is that, without any recourse to how any other country might have safeguarded its own property, we only need to see how and to emulate the conduct of other cities in India that have effectively curbed encroachment of public lands. Turning further inward, the petitioners further submit that more than 20000 acres of lands are in the control and custody of the Defence establishment in the Bangalore Urban District. No part of these 20000 acres of defence lands has been encroached upon. In and of itself, this finding does emphasize one aspect that the evil of encroachment of public lands in the State of Karnataka is not incurable or without a remedy. The defence establishment already possesses that cure plain vigilance. So, having been cured already in one person, the evil at hand is most amenable to a cure whenever the same antidote is administered again. It is the most humble expectation of these petitioners that someday in the foreseeable future, the same plain vigilance would also be witnessed in the various agencies under the control of the Government of Karnataka with respect to public lands under its care and custody.

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On 17-Jun-2006, the Legislature of Karnataka had appointed a Joint Legislature Committee comprising of 14 MLAs and 6 MLCs under the chairmanship of Sri A.T.Ramaswamy to inquire into and submit a detailed Report on encroachment of Government lands in Bangalore and its adjoining areas. After the aforesaid detailed enquiry, the JLC submitted two reports on 01-Feb-2007 and 26-Jul-2007 to the Karnataka Legislature. The interim and final JLC reports conclude that various State instrumentalities such as the Bruhat Bangalore Mahanagara Palike which is nothing but the Bangalore Municipal Corporation, the Bangalore Development Authority, City and Town Municipal Councils etc., have grossly and knowingly failed in their legal and statutory duty to protect Government and public lands. Instead, these bodies have found it convenient to express helplessness and have in many cases, acted as active participants, abettors and promoters in land grabbing crimes in tandem with members of organised land grabbers. Although the JLC did submit very elaborate and detailed reports, the Karnataka Legislative Assembly came to be dissolved in 2007 and the JLC accordingly, stood defunct consequent to the imposition of the Presidents rule in the State. Later, upon formation of a freshly elected Government, no immediate action was taken to implement the recommendations of the JLC. Thereafter, in order to effectively implement the

recommendations of the JLC, a dedicated body called as the Task Force for Recovery of Public Land and its Protection was constituted under the chairmanship of the former Additional Chief Secretary, Sri V.Balasubramanian, IAS (Retd.). This was done through a Government Notification Vide G.O. No.RD

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556/LGB/2009 dated 19-Sept-2009 which did specify that as part of its work, this Task Force was required to issue directions to the several Government departments and statutory bodies to take specific and appropriate action to remove encroachments. Unlike the objective of the JLC which was confined to address the encroachment of public lands in Bangalore and its surrounding areas, the jurisdiction of this Task Force was extended to cover the entire territory of the State of Karnataka and to all Government lands including lands vested in statutory and local bodies. The studied observations of the Task Force, in the words and analysis of the petitioners, as well of the Joint Legislature Committee are as under: Approximately 11 lakh acres of public lands in the State of Karnataka have been encroached upon. This is not a bare guess but is the product of a careful verification, examination, inspection and of course, identification. In many cases, the precise extent of encroachment, the circumstances proving encroachment, the names, address or identities of the private parties who have encroached, the officers of the Government who have facilitated such encroachment and the mode and means by which such encroachment came to fruition has also been documented. 11 Lakh acres of lands, in perspective, is this the Bangalore Urban District measures 741 Square Kilometres. 11 Lakh acres of lands is equivalent to 4451 Square Kilometres. In effect, the encroachment of 11 lakh acres is six times the size of the entire Bangalore Urban District. Of the 11,00,000 acres (Eleven Lakh acres) of encroachment upon Government lands, 1,65,796 acres (One Lakh Sixty Five Thousand Seven Hundred and Ninety Six acres) are forest lands. Of this 1,65,795 acres (One Lakh Sixty Five Thousand Seven Hundred and Ninety acres) of forest lands, 1,04,497

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acres (One Lakh Four Thousand Four Hundred and Ninety Seven acres) are in the ecologically sensitive Western Ghats in three districts alone. Applying the Government published guidance values (which are often conservative) wherever appropriate, the value of such encroached upon lands has been estimated by the Government Task Force for Recovery of Public Land and its Protection to be around Rs.1,95,000 Crores (Rupees One Lakh Ninety Five Thousand Crores Only). In perspective, a sum of Rs.1,95,000 Crores (Rupees One Lakh Ninety Five Thousand Crores Only) is far larger than the loss estimated to have been caused by corruption involved in the 2G spectrum scam and the illegal mining scam in Karnataka and Andhra Pradesh. The Petitioners are also filing this petition with a prayer for strict compliance with the Order dated 28-Jan-2011 passed by the Honble Supreme Court of India in C ivil Appeal No.1132 of 2011 i.e., Jagpal Singh and others v. State of Punjab and others AIR 2011 SC 1123 and in W.P. No.202 of 1995, i.e. Godavarman Thirumulpad v. Union of India. It is submitted that vide the said Orders, the Honble Supreme Court had directed that effective steps be taken for protection of public lands from encroachment, by all States. Despite the aforesaid Order, the State of Karnataka has not only failed to take effective steps for compliance with the said Order but has intentionally and knowingly disbanded the aforesaid task force called The Task Force for Recovery of Public Land and its Protection. An area of 1099 acres of forest land has been encroached by 312 persons in Bangalore Urban District Forest Division. Further, 313 acres of tank bed lands have been similarly encroached upon by 553 persons. The Bannerghatta National

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Park which spans over 7374 acres has also been encroached by 813 different persons to an extent of 767 acres. Certain real estate businesses in conspiracy with a few builders from Hyderabad have created bogus sale records in respect of forest lands in Uttarahalli Manavarathe Kaval Minor Forest and have therefore grabbed 344 acres of pristine forest lands. Out of this grabbed area, the Bangalore Development Authority has knowingly proceeded to acquire 42 acres in the name of Banashankari VI Stage Project and has, very surprisingly, passed an award for payment of Rs.3.6 Crores in favour of persons claiming to be unauthorized cultivators. The Petitioners state that the Task Force had not only issued a detailed statement of its activities in the form of a Final Report but had also issued or otherwise ensured issuance of numerous reports in respect of certain glaring instances of encroachment. The report of the Task Force itself records that its efforts to recover encroached public lands were often defeated primarily on account of lack of administrative will. Few such instances of this Task Force going about its task and the sudden, calculated and unlawful interferences that it witnessed may be noted below: This Task Force had conducted a very detailed investigation in respect of encroachments in Gollahalli village, Anekal Taluk, Bangalore Urban District. The Task Force report inter alia states that a road was formed in the middle of a lake land encroaching nearly 2 acres and 11 guntas of lake land. When the Task Force had co-ordinated a team of people from various departments to demolish the encroachments therein on a particular day and the entire machinery of people and tools from the Taluk office, Deputy Commissioners office along and the members of the Special Task Force were on the spot to carry out demolition of such encroachments, the

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persons in illegal occupation of such land came forth with an order of injunction, not from any competent Court of law, but from the Honble Chief Minister of Karnataka to the effect that no action be taken at all to remove any encroachments and that all encroachments be left in place as they were. This Task Force issued its Report on 30-Jun-2011 and titled it as Greed and Connivance. This Report was duly submitted to the Government of Karnataka on 04-Jul-2011. (This report shall be referred to hereinafter as the Task Force Report). However, the Government of Karnataka appears to have declined to accept the Task Force Report on account of alleged procedural irregularities. The Task Force Report and JLC Reports (both these reports are hereinafter collectively referred and to for as Reports) of emphatically state that despite various legal powers for the protection against encroachment removal encroached public lands, blatant encroachments of public lands have continued primarily due to the intentional refusal or indifference of various competent authorities. Between intentional omission and indifference, these are the intermediate factors at play - ignorance of proper legal powers, lethargy, fear of consequences arising from vexing those in power, aggressive interference by powerful interests and last but not the least, collusion with encroachers. The JLC Report enumerates the details of encroachment, which is extracted herein below (in respect of Bangalore Urban District): Sl. No. 1. Name of the Department Revenue Department Encroachment in acres 9294.00 Approximate value in Crores 18,588.00

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2. Bangalore Development Authority 3. 4. Muzrai a) Forest b) Tank bed 5. Karnataka Industrial Area Development Board 6. Town Municipal Councils/ City Municipal Councils 7. Bangalore Mahanagara Palike 8. Karnataka Housing Board 9. 10. Wakf Board Housing Co-operative Societies 11. 12. Bangalore University Transport Department 13. Health Department (NIMHANS) 14. Animal Husbandry Department 15. Slum Clearance Board Total 13,614.37 27,377.75 12.19 25.00 45.00 100.00 3.20 25.00 11.22 3.31 96.11 18.00 259.33 86.19 780.00 170.00 34.08 152.00 7.08 46.00 8.08 32.32 38.09 719.34 219.20 33.22 66.44 165.55 1,877.08 2,878.20 5,236.25

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The Reports states that the extensive growth of Bangalore in the last 20 years has resulted in an exponential increase in the value of land, consequently, resulting in extensive encroachments of government land. Forest Land The Task Force Report states that the total geographical area of Karnataka State is 1,90,498 square kilometres. Of this, 30,718 square kilometres is classified as forests. This is equivalent to about Seventy Six (76) Lakh acres of forest lands in the State. According to the details furnished by the Forest Department, an area of one lakh sixty five thousand seven hundred and ninety six (1,65,796) acres is under encroachment. This shows a colossal failure on the part of the Central and State Governments in the enforcement of the Indian Forest Act, 1927, the Forest Conservation Act, 1980, the Karnataka Forest Act, 1963 and the significant Orders of the Honble Supreme Court in the Forest case, WP (C) No.202 of 1995. Further, the encroachment of more than 60% of the Forest lands occurs in the ecologically sensitive Western Ghats, one of the 18 ecological hotspots in the world. Lakes, Water Bodies and Storm Water Drains The Task Force Report states that there are about 38000 lakes in Karnataka. In Bangalore Urban District alone, there were about 600 lakes. As some lakes fell under two adjoining survey numbers belonging to two different villages in the revenue records, the number of lakes in Bangalore Urban District has been shown as 937. The JLC report states that in 1961, there were 262 water bodies in Bangalore City area. These water bodies have become the first casualty of illegal layout formation, rank trespass, blatant encroachment and sanction to various departments of the State and Central Government to put up construction.

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Public, Religious and Charitable Institutions The JLC Report found that a majority of Temple lands that lie within the limits of Bangalore City and Bangalore Urban District had been encroached. The JLC Report considered about 1016 (One thousand and Sixteen) temples in Bangalore Urban District out of which 68 (Sixty Eight) are situated in important commercial areas within the city. In many cases, very valuable temple lands were sold off on the basis of forged documents. Collusion of Government Officials in Land Grabbing The Reports also record instances of flagrant breach of the KLR Act and the Rules and Regulations made thereunder whilst regularising unauthorised cultivation. The KLR Act prohibits the regularisation of unauthorised cultivation of lands that are situated within 18 kilometres from the outer BBMP limits. The Reports specifically record numerous, but blatant violations in this regard. The Reports observe that about 5,835 acres of land have been regularized in the vicinity of Bangalore even with factual knowledge that almost all of such lands are situated within 18 kilometres from the BBMP limits. At this juncture, it is pertinent to submit that the

Government of Karnataka had set up 16 different task forces such as the Knowledge Commission, Vision Group of Karnataka 2020, etc. One of these 16 task forces was the aforesaid Task Force for Recovery of Public Land and its Protection. For reasons that still continue to surprise the right-thinking members of our society, the Government of Karnataka, that is, Respondent No.2 published through a Notification that the Task Force shall be disbanded with effect from 04-Jan-2011 vide GO No.RD 897 LGB 2010. The reasons apparently stated in the said Order were incorrect to the very knowledge of the Government. All the same, the

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other 15 task forces continued to remain in operation after the disbanding of this Task Force although the work of some of those Task Forces would have greatly benefited by the continued operation of this Task Force. The action of the Government of Karnataka in unlawfully disbanding the said Task Force is an act that cannot be justified under the label of administrative discretion in view of the circumstances that preceded such disbandment. If it was the intention of the Government, in disbanding the Task Force, to relieve the encroachers of their worries, anxieties and fears, the Government may be said to have succeeded thereby. ii. Also, in this petition, the petitioners are not asking for the creation of any new legal or judicial rule by this Honble Court and nor are they lamenting at any deficit in terms of statutory powers to the Government to recover encroached public lands. Much has already been said judicially about the need to preserve and protect public lands from encroachment and all that remains now for the Government is to simply act within the framework of existing laws to recover encroached public lands. By itself, the Government has been most unwilling to do anything concerning the problem at hand. When pressed by the Legislature, the Government has been content to merely act in ceremonious ways and to leave the problem to fester further. It is under such circumstances that these petitioners are before this Honble Court. Their case does not rest on ignorance on the part of the Government. Rather, their case rests on full knowledge on the part of the Government but that, with such full knowledge, the Government is unwilling to enforce the will of our Legislature. So, in the context of a large number of statutes that already empower the executive Government to act and to recover encroached public lands, the Government has been plainly unwilling to enforce the will of our Legislature. In a situation such as this, there is no other recourse open to the

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Petitioners except to approach this Honble Court. List of Dates Dates 21-Mar-2006 Event The matter of encroachment of Government lands engages the attention, anger and outrage in the Karnataka Legislative Assembly; primarily in view of the failure of the executive Government to enforce the various statutes in existence. The matter of encroachment of Government lands is also debated in the Karnataka Legislative Council. A Joint House Committee is constituted vide Publication No.206 dated 17-Jun-2006 The aforesaid Committee conducts numerous meetings, inspects the encroached government lands and receives information, clarification and explanation from various government departments. Finally, the Joint House Committee verifies and accepts Part -1 of the Interim Report on 20-Dec-2006 Part I of the Interim Report of the Joint House Committee is presented in the Legislative Assembly Part I of the Interim Report of the Joint House Committee is presented in the Legislative Council The Joint Legislature Committee approves its Interim Report Part II. Part II of the Interim Report of the Joint House Committee is presented before the Legislative Assembly and Legislative Council To safeguard public lands, the Karnataka Public Lands Corporation is incorporated

22-Mar-2006

17-Jun-2006

28-Jun-2006 to 20-Dec-2006

01-Feb-2007

14-Jul-2007

12-Jul-2007

26-Jul-2007

December 2008

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with Rs.5 crores of paid up share capital. Its principal objective is to protect the government lands recovered from encroachment. 19-Sept-2009 The Task Force for Recovery of Public Land and its Protection is constituted vide G.O. No. RD 556 LGB 2009 The aforesaid Task Force for Recovery of Public Land and its Protection proceeds to faithfully discharge its task and encroachers of public lands are greatly vexed and begin to fear imminent removal. The Task Force for Recovery of Public Land and its Protection is ordered by the Government to be disbanded vide GO No. RD 897 LGB 2010 with effect from 04-Jul-2011. The Honble Supreme Court in Jagpal Singh & Ors. v State of Punjab and Ors. issues directions to the Chief Secretaries of all the States to prepare schemes for speedy eviction of illegal/unauthorised occupants of common lands. The Chairman of the Task Force for Recovery of Public Land and its Protection finalises a report detailing the task forces activities and the extent of encroachment. The Chairmans Report/ Task Force Report is submitted to the Government of Karnataka. It is learnt that the Government of Karnataka, for unknown reasons, has refused to accept the same. Perusing the aforesaid report of the Task Force, the Governor of Karnataka takes serious note of the large scale encroachment of public lands and addresses a letter to the Honble Chief Minister of Karnataka inquiring into the steps taken by the Government towards implementation of the Task Force Report.

Between Sep, 2009 and Jan 2011

04-Jan-2011

28-Jan-2011

30-Jun-2011

04-Jul-2011

13-Sept-2011

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25-Jul-2012 The Petitioner No.1, Samaj Parivartana Samudaya, in public interest, writes to the Chief Secretary, Government of Karnataka, (Vidhana Soudha) asking the Government to take urgent and effective steps for the implementation of the Report dated 30-Jun2011 i.e. the Report of the Task Force for Recovery of Public Land and its Protection. The aforesaid letter did not elicit any response from the Government. Therefore, the petitioner wrote another reminder to the Government of Karnataka through its Chief Secretary. However, even as of this day, the petitioners are yet to hear from the Government on what, if any, action it has taken or proposes to take in furtherance of the Report of the Task Force. These petitioners file a Writ Petition before the Honble Supreme Court of India in terms of Article 32 of the Constitution of India praying for a direction to the Government of India and to the Government of Karnataka to act upon the Report of the Task Force and to thereby, remove encroachments upon Government lands and for corresponding reliefs. The aforesaid Writ Petition was filed solely in public interest. On the very first day of hearing upon the aforesaid petition, the Honble Supreme Court is pleased to note that the issues urged in the aforesaid Writ Petition (Writ Petition No.67 of 2013) are indeed grave and that the issues be first raised before this Honble Court. Accordingly, the Honble Supreme Court is pleased to pass an Order on 15-Feb-2013 directing that: In case the petitioners move the Karnataka High Court in a properly constituted petition, the High Court shall examine the matter and pass appropriate Orders on it without any undue delay.

27-Aug-2012

22-Nov-2012

15-Feb-2013

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28-Mar-2013 Hence, this Writ Petition in terms of Article 226 of the Constitution of India praying for the principal relief of seeking a Court monitoring of Governments efforts to recover encroached public lands in the territory of the State of Karnataka and for attendant reliefs, solely in public interest.

Sri K.V.DHANANJAY Roll No.KAR/659/2002

Sri GOPALA KRISHNA Roll No.KAR/2216/2011 Bangalore Date: 28-Mar-2013 ADVOCATES FOR PETITIONERS