Advice required - approach road
Pradeep Kumar
(Querist) 13 July 2014
This query is : Resolved
Sir,
We stay in Munnekolala, Bangalore. In 1996, our lay out was formed and all the residents purchased the sites from 1996. One of those is myself. At that point of time, in the lay out sketch (which was hand-drawn), an approach road connecting to our lay out to main road. The road runs parallel to School compound wall. This road was in use till 2012. One day, we realised that there are Two survey number properties adjacent to our lay out and landlord adjacent to main road has constructed a compound wall and blocked the main access. We realised that we got cheated by shown road by our lay out landlord. To discuss anything on this, our lay out owner is no more. All the residents are from different parts of country and no localites.
This has become a huge concern to all of the residents (75 houses & 200 families including tenants) as we have to go around in a circle to reach main road with almost 1.5 km to cover in place of 40 meters. Senior citizens, Students, Women, employees, etc all are facing difficulty in running this distance to catch autos, school bus, BMTC buses, etc. Also, Since roads are narrow with 15 ft width, moving in this single road is becoming an inconvenience every once of us. May please see attached sketch, please.
We have approached the owner multiple times who has to remove the compound wall and opening an area of 20 ft width X 28 ft length. The owner is adamant in asking alternative site on main road and does not want to sell for some price. Approached BBMP authorities on reason of civilian life inconvenience but nothing is happening from their end.Even approached BBMP commissioner and presented our case for a needful. Still in vain.
We have stuck in the way forward to resolve our issues. On scrutiny of village map, one interesting thing we found that there is pedestrial road (kali dari) shown in the map that runs from marathahalli main road to munnekolala center. But currently, it appears in patches as at some places houses have come-up.
Would you kindly advise for the below please.
1. In view of the reason of 'public inconvenience' whether BBMP can acquire or purchase this small piece of land (though we are ready to bear the land cost to the owner). This will relieve 200 families issues. If so, whom we have to approach.
2. If BBMP says they cannot do anything, whether all residents can approach legal help; we have only reason of "survival pain" without the approach road.
Really we are in a confused state. Please advise sir.
Regards,
Pradeep
Bangalore
Dr J C Vashista
(Expert) 13 July 2014
Engage a local lawyer, show the documents and seek professional guidence/advise and proceed.
P. Venu
(Expert) 13 July 2014
Was the layout approved?
Devajyoti Barman
(Expert) 13 July 2014
without seeing papers, difficult to advise.
Rajendra K Goyal
(Expert) 13 July 2014
All documents has to be referred, consult a local lawyer.
Pradeep Kumar
(Querist) 13 July 2014
Sirs,
The lay out is an old lay out but not approved. However, it comes under BBMP. We have been paying taxes and we are provided with Property Identification Numbers (PID) for each house. We all bear B-khatas. BBMP provided amenities like road, sewerage, drain, cauvery water, power, etc. Waiting for Akrama-Sakrama scheme to get A khatas have become a unreachable vision for all residents which is ongoing for last 12-13 years.
Sir, Question is: Whether we BBMP have the rights to aquire the piece of land to facilitate a road access in view of the public inconvinience. If so, we plan to reach BBMP commissionaire to help in doing the same.
Regards
Pradeep
ajay sethi
(Expert) 13 July 2014
why dont you move court against the landlord for constructing compound wall and blocking access to main road . ? make BBMP party to the suit to direct BBMP to demolish unauthorised construction carried out
T. Kalaiselvan, Advocate
(Expert) 14 July 2014
I think the suggestion made by expert Mr. Ajay Sethi will be suitable. Why don't you approach a local prudent lawyer and on his consultation/advise, move court for easement rights(?)
krishna mohan
(Expert) 14 July 2014
Is the transaction registered as a Sale Deed and open space like road handed over to the public authorities as required under local laws? Yes I too endorse the experts view that you can appeal High Court with able guidance of experienced lawyer on civil matters as you have easement rights and property bought based on approach road given in the plan to all buyers by the person who built a compound wall.
M V Gupta
(Expert) 14 July 2014
Approach the court claiming easement right of passage on the ground that he had been knowingly allowing the path being used by your colony people over a long period of six years.
Devajyoti Barman
(Expert) 15 July 2014
legal recourse seems only option left now.
Pradeep Kumar
(Querist) 05 September 2019
Sir/Madam, In continuation of above conversation with experienced people like you, we made a representation to BBMP, Mahadevapura. They surveyed and confirmed the encroachment and issued notices to encroached 2-landlords. Further, no action was taken by BBMP to clear the access road OR aquire it, since it is a Gvt road land. Based on your indication we filed a Writ Petition in Honorable Bangalore High court in 2016. WP No. 10364/2016. But seems we have engaged with a local lawyer who does not have experience in such issues. Unfortunately, we made private landlords, as parties to WP, who blocked the approach road, along with BBMP. In all the hearings, no-one used to present (including BBMP lawyer) except a landlord who is adjacent to main road or front door person to our layout access road & blocked it with his vested interested as he was demanding Rs. 50 lacs if he would have to leave access to our layout by area (20 ft width X 40 ft length). This money was not affordable from us (who settled in Bangalore from various areas of India). we have 80-houses in this layout with 1000+ residents living here. Also, we felt, ethically not correct to pay his demand as this land is absolutely a Government land. The representing lawyer for this landlord is Mr Mallareddy. We society people have an absolute argument outside the court where he bluffed the court that he has a survey report that says the property belongs to landlord which does not exists and cleverly filed another WP in lower court WP no. 19437/2016 against BBMP without making our society as a party and stayed our case 10364/2016 for 2-years until his case 19437/2016 gets resolved. I understand professionalism of Lawyers but we were behind in realizing his smartness.
Finally, 19437/2016 disposed saying that this landlord encroached only 2ft of the road. We came to it is an absolute manipulation of records. In the meantime, we went in direction of Lawyer Stanley Sam who taken forward our case. We submitted IA also with lot of evidences the blocked space is road and belongs Government and BBMP can exercise their rights as per KPTC act to help Public life. Our bad luck - our case was disposed saying that they cannot overrule judgement of 19437/2016 and irregularities if any to be pursued in civil court, and rejected to scrutinize our IA supporting documents. Our lawyer tried but it was a exhausted conclusion from judge. We are pitying ourselves..our layout felt with a public opinion that honorable courts also under influence / pressure from politics when a judgement has to be given to welfare of the people life.
Summary - Courts do not care public life. Government authorities are least bothered. Lawyers show professionalism searching for loop holes of the case written statements to protect their clients. Who can save us? Is it god OR one of you in this forum. Kindly, may read, judgement copy of 10364/2016 & 19437/2016.
FACTS:
1. This road exists for 48 years till 2008
2. Revised master plan (CDP2015) clearly shows this road
3. Dishaank app (released from survey & settlement of land records, SSLR, Bangalore) shows the road
4. On this path, there is underground drainage & adjacent electrical poles
5. BBMP survey shows encroachment by adjacent landlords into this area; Notices given to Landlords;
6. Area measurement of encroached landlords is excess by 6 guntas against RTC while Govt school land is less by this much
7. we are representing BBMP since 2008. Till date, we made 25 appeals including appeal to Mayor
Kindly advise:
1. Which route we need to pursue further i.e. Civil court or Fresh WP in high court only making BBMP as party?
2. We are very keen any one of you experienced lawyers would want to help us to make this happen for our residents. The lawyer who can appreciate the humanity grounds and public life can do a committed help for us. It is not all about money. It is willingness, commitment from one of you to help the society while money is secondary.
3. Our current lawyer is more than happy to hand-over the case for fresh filing eg Civil case OR WP case, as earlier ones anyhow got disposed-off.
Sir/Madam - If one of you can come forward, we would want to go with you. All the necessary and Documents' evidence is logically available. Just it is matter of articulation to the court backed-up by law terms.
We all will be curiously waiting for one of you to come forward to help us. I thing lawyers in Bangalore would be more convinient as other may have to keep travelling if our case is undertaken.
Regards
Pradeep
For Satyam street welfare association
Munnekolala
Pradeep Kumar
(Querist) 05 September 2019
Will await for your suggestions and advice. But may keep a note that you will be helpin 1500 people including children in our layout
M V Gupta
(Expert) 07 September 2019
As you have exhausted remedies in the court, you may approach the Govt acquire the land in question fpr public purpose of developing public road. this requires political support from your local Councillor, MLA / MP.
