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Karnataka HC reserves judgment in Judicial Layout case

The high court reserved its judgment on a PIL filed contending that the Karnataka State Judicial Department Employees House Building Co-operative Society had violated rules.

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The high court on Friday reserved its judgment on a public interest litigation filed by the Judicial Layout Residents and Site Holders Association contending that the Karnataka State Judicial Department Employees House Building Co-operative Society had violated rules.

Hearing the case on Friday, a division bench comprising justices Ram Mohan Reddy and H Billappa reserved the judgment.
The petitioner had submitted that the Karnataka State Judicial Department Employees House Building Co-operative Society was registered under the Karnataka Co-operative Societies Act, 1959. The association stated that it was registered with the objective to acquire land, form layouts and allot houses to members.

Accordingly, 193 acres were acquired by the housing and urban development department and handed over to the society, which then allotted sites in accordance to the approved plan, which provided for the formation of 11 parks and five civic amenity sites in the layout.

However, the layout does not have parks or playgrounds. Also, plots have not been used to build stadium, hospital, temple, schools, educational institutions or other civic amenities like a bus terminal and market.

The Karnataka State Judicial Department Employees House Building Co-operative Society said lung spaces are essential to protect the layout’s environment. However, lung spaces were not provided.

They sought a direction from the court to declare that all actions of the society were in contravention of the approved layout plan sanctioned by the Bangalore Development Authority.

In another petition, residents of the layout sought initiation of contempt proceedings against the society for violating court orders. They contended that the high court, in June 2003, directed the society not to change the nature of a civic amenity site. The society violated this order by attempting to sell the site, said the petitioners. Justices Reddy and Billappa adjourned this case to December 16.

In an earlier hearing, the state had filed a report, saying it had allotted 156 acres to Karnataka State Judicial Employees House Building Society and it did not have information on how the society obtained an additional 33 acres and 21 guntas. It said the land is still in the name of the original owners. A similar petition against the society will come up for hearing on December 2.

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