Karnataka high court says BDA must prove title in Sadashivanagar land use case
A division bench comprising Justice SG Pandit and Justice TM Nadaf ruled that any further proceedings on the application filed by members of the erstwhile Mysuru royal family would depend on the outcome of a pending civil suit before the Bengaluru city civil judge.
The appeals were filed by Bangalore Development Authority (BDA) and a private individual, NG Raju, contesting a single judge's order dated Oct 4, 2017. That order had favoured the petitioners — Chaduranga Kantharaja Urs and others — who sought to nullify the BDA's Jan 27, 2014 endorsement related to land use, and requested that the property be removed from the master plan's 'public and semi-public' use classification.
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The petitioners claimed ownership of the site, located at 16th Cross in Sadashivanagar, which they said was granted to Rajakumari Leelavathi Devi on May 28, 1958. The land currently houses the Lord Narmadeshwara temple and the Brindavan of the late Leelavathi Devi. The royal family sought to reclassify the land from public/semi-public to residential.
BDA opposed the claim, arguing that the site had been handed over to the erstwhile City Improvement Trust Board (CITB) without cost to develop a park around the Brindavan, citing its cultural and historical value.
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The authority maintained that the land should remain a green space, in line with original plans.
However, the division bench noted that BDA cannot assert ownership over the land merely through an application under Section 14B of the Town and Country Planning Act. It held that BDA must establish its claim to the property through appropriate legal means, especially as it had not asserted ownership before the 2014 endorsement.
While agreeing with the single judge's finding that the land-use designation had lapsed because of non-implementation, the division bench also noted that the earlier judgment was flawed in part, as the matter involved disputed ownership and a pending suit between the petitioners and NG Raju.
The court emphasised that further decisions should focus solely on the issue of land use change, leaving questions over possession, development of a park, and historical transfers to be resolved by the civil court.
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