The Karnataka High Court.
Credit: DH File Photo
Bengaluru: The High Court of Karnataka has admitted a review petition filed by the Bangalore Development Authority (BDA) after a delay of more than 12 years.
Justice E S Indiresh also stayed the order passed on July 26, 2012, with respect to five acres of land in Kengeri, Bengaluru South taluk.
The court admitted the review petition by directing the BDA to pay Rs 25,000 as cost to R Arunachalam, the original petitioner, and posted the matter for further hearing to November 25, 2024.
According to the BDA, the original petitioner, in his 2011 petition, had misrepresented that he was the absolute owner of the property, whereas he had already sold 4 acres and 20 guntas out of the five acres even before filing the petition.
In a joint inspection, as per the July 26, 2012, order, the BDA noticed that only 2.30 acres were utilised for constructing a 100-feet road. Besides, in 2014-15, an extent of 46,709 sq ft was allotted to Arunachalam and he failed to produce title deeds in respect of the property for which he had sought compensation.
It was argued on behalf of Arunachalam that there is an inordinate delay of 4,398 days and hence the matter is barred by the Limitation Act. He claimed that the single bench’s order of July 26, 2012, has become final as there was no writ appeal filed and that even in the contempt proceedings, the Supreme Court had rejected the BDA’s special leave petition.
Justice Indiresh noted that the BDA is an instrumentality of the state and the review petition has to be considered in public interest. The judge further noted that in a similar matter, the court had observed that it is the duty of the writ petitioner to produce the relevant title deeds to establish the right over the land.
“The said aspect of the matter, prima facie, makes it clear that, the respondent (Arunachalam) does not intend to provide any clarification or documents as to explain how he claimed ownership over the land in question as on the date of filing of the writ petition in 2011, and as such, the want of diligence or inaction on the part of the review petitioner (BDA) to file the instant review petition with delay of 12 years requires liberal approach and same is required to be condoned,” Justice Indiresh said.