Prominent Bengaluru IT park did not encroach defence land, says Karnataka HC on basis of 2022 survey

Based connected a associated survey conducted by the authorities onshore records section successful November 2022 successful the beingness of defence and IT parkland officials pursuing precocious tribunal orders successful the ineligible dispute, the precocious tribunal besides ruled that determination was nary encroachment by the bundle parkland into defence onshore belonging to the Army Service Corps Centre successful Bengaluru.

The precocious tribunal further rejected a plea by the defence authorities for the behaviour of a re-survey of the land.

Golf Links Software Park Ltd is simply a associated task of the existent property portion of the Embassy Group and the Kelachandra radical belonging to the household of Karnataka Congress person and curate K J George. Embassy Group’s Jitendra Virwani and George are directors of the firm.

“…it is simply a lawsuit wherever associated survey pursuant to the orders passed by this tribunal takes spot with the information of respondents 6 to 9 of the Defence Estate Office. The study was that determination was nary encroachment but encroachment by the defence,” the precocious tribunal observed.

“If survey conducted pursuant to the orders passed by this tribunal successful compliance with instrumentality and successful the beingness of the defence is permitted to beryllium objected to by the respondents, it would beryllium respondents arguing against their ain orders oregon the associated survey study doubting their ain officers,” Justice M Nagaprasanna said.

“A repetition survey is sought, which this tribunal declined to judge arsenic survey cannot beryllium conducted immoderate fig of times, till a study successful favour of respondents 6 to 9 would travel about,” the precocious tribunal said, allowing the petition filed by Golf Links Software Park Ltd.

The “notice dated 13-10-2014 arsenic communicated to the petitioner connected 10-11-2014 stands quashed” and the “observations made successful the people of the bid regarding survey are noted to person go final”, the precocious tribunal said successful an bid that was uploaded connected Thursday.

The defence property serviceman had alleged successful 2014 that the bundle parkland created successful 2006 pursuing the acquisition of implicit 10 acres of onshore from backstage radical successful Challagatta colony of Bengaluru betwixt 1997 and 1998 had encroached connected portions of defence onshore successful Survey Number 282 of Domlur village.

“The onshore successful your concern belongs to the Defence dept. The defence dept. is the implicit proprietor successful possession of the onshore which is, successful your occupation. You person illegally occupied portion of the defence onshore without an iota of right, rubric oregon interest,” the October 2014 announcement said.

The announcement said that the bundle parkland had encroached connected 92 sq m, 274 sq m and 2,079 sq m of onshore belonging to the ASC Centre South successful Survey fig 282.

Earlier, successful December 2014, the Karnataka High Court had intervened successful the quality to bid the operation of a 1,151-metre nationalist roadworthy betwixt the IT parkland and Challagatta colony country which had been held up owed to the onshore quality with the IT parkland – contempt a memorandum of knowing signed successful 2006 by the Bengaluru metropolis corp and defence authorities.

Between December 2014 and 2022, the lawsuit had been pending successful the precocious court, and subsequently, the associated survey by the adjunct manager for onshore records successful the beingness of defence officials and IT parkland officials was ordered by the precocious tribunal successful July 2022.