BBMP loses encroachment row with Mantri Group

The Karnataka High Court has described as “illegal, arbitrary, and colourable exercise of power” the actions of the BBMP in holding a joint survey to inquire into the alleged encroachment by the Mantri Group on Sampige Road and the move to cancel the khata based on the survey report.

When the land in question does not belong to the BBMP, the action of holding a joint survey has resulted in a waste of public time, the court said while allowing the pleas of Mantri Group companies – Hamara Shelters Pvt. Ltd and Abhishek Developers – who had challenged the BBMP’s actions initiated in 2011-12.

No authority

In his recent order, Justice Ram Mohan Reddy declared that the BBMP had no authority under the Karnataka 114-A Municipal Corporations Act to initiate the process to cancel the khata as the Act prescribes that any review of wrong entry on transfer of the khata could be reviewed only within three years from such an action.

In the present case, the court noticed that the khata was issued many decades ago to M/s Mysore Spinning and Manufacturing Mills Limited (MSMML).

Khata transfer

In 1974, the khata was transferred to National Textile Corporation (NTC), which took over MSMML. In 2005, the khata was transferred to Mantri Group, which purchased 18 acres from NTC and, according to the BBMP, used the same to construct Mantri Square Mall, Mantri Greens Apartment and Swastik Metro station.

The BBMP had contended that NTC sold 18 acres to Mantri Group even though it was in possession of only 15 acre 19 gunta, and the joint survey revealed that Mantri Group was in possession of 19 acre and 1 gunta. The civic body claimed that Mantri Group had encroached on government land and transferred around 3 acres to the BBMP. It even obtained Transferable Development Rights (TDR) for the same. The BBMP initiated action following complaints by the public.

As it was admitted that the lands allegedly encroached by Mantri Group belong to the State government, railways and other authorities, the court said that BBMP had no jurisdiction to enquire into the issue.