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Judgment
M.I. Arun, J
Survey No.56 of Hanumantapura Village measures about 18 acres 35 guntas which was originally a lake called Jakkarayana Kere. Presently, the lake has vanished. Hanumantapura village is no longer in existence and is swallowed by the city of Bengaluru. Respondent no.1-Railways is said to be owning 1 acre 18 guntas of land in the said Sy.No.56. Railways also owns several other lands in the adjoining survey numbers. However, the present lis pertains to only land in Sy.No.56 of Hanumantapura. The rest of the land is claimed by the petitioner-Bruhat Bengaluru Manahagara Palike (BBMP). It is further submitted, the possession of bulk of the land belonging to BBMP is in possession of various third parties. Further, it is submitted that in a dispute pertaining to certain lands in Survey No.56 and adjoining lands, W.P.No.5201/2020 is pending. In the said writ petition, a survey has been ordered to be conducted and the same has been done by respondent no.2-Assistant Director of Land Records (ADLR) and a report has been submitted to this Court along with a sketch. A copy of the sketch is produced as Annexure-H1 to the writ petition. The sketch indicates the extent of land owned by Railways in Survey No.56 to be 1 acre 18 guntas and one M/s.Hamara Shelters has encroached 17.7 guntas of land in Survey No.56. However, the sketch, as per the contesting parties, do not clearly indicate the area owned by Railways, the area that is encroached by Hamara Shelters, whether any portion of the land owned by railways has been encroached by Hamara Shelters or not. The petitioner-BBMP is involved in several litigations in respect of the land situated in Survey No.56 as well as adjoining lands with various third parties.
When this is the situation, petitioner-BBMP is endeavouring to form a road in the interest of general public in the land which is currently in possession of BBMP in Sy.No.56 and adjoining lands. However, due to there being no consensus between the petitioner-BBMP and respondent no.1-Railways as to whether a portion of the road is being constructed on the land owned by railways or not, the present writ petition is filed with the following prayers:
"a1.: Issue a writ order or direction in the nature of Mandamus to the Respondent No.2 to mark the boundaries of 1 Acre 18 Guntas belonging to the Respondent No.1 in SY No. 56 of Jakkarayana Kere Village as per the Survey Sketch prepared by the Respondent No.2 produced as Annexure-H1 and identify the boundary of the Respondent No.1 in Sy No. 56 for an extent of 1 Acre 18 Guntas,
b1: issue a writ order or direction in the nature of mandamus to the Respondent No.1 not to interfere in the road widening project at the Platform Road initiated by the Petitioner outside the extent of 1 Acre 18 Guntas belonging to the Respondent No.1.
a. Issue a Writ Order or direction to the Respondent No.1 in the nature of mandamus not to interfere in the process of widening of road at the PLATFORM ROAD Junction towards Malleshwaram initiated by the Petitioner within the 3 Acres 31 Guntas being the property of the Petitioner,
b. Issue a writ order or direction in the nature of a Mandamus to the Respondent No.2 to conclude the exercise of survey and mapping of the 3 Acres 31 Guntas of land declared to be the land belonging to the Petitioner by the order of the Regional Commissioner as sought in the representation dated 27.08.2024 vide Î'ΕΕ (Gandhinagar) /PR/151/24-25 produced as ANNEXURE-F,
c. Pass such order/s considering the facts and circumstances of the case together as to costs in the interest of justice and equity."
During the course of arguments, learned counsel for the petitioner fairly submits that railways own 1 acre 18 guntas of land in Sy.No.56. He also submits with regard to 3 acres 31 guntas of land mentioned in prayer 'a.' and 'b.', there may be third parties who have encroached upon the same or a portion of it. He submits the writ petition is filed with the object of marking the boundaries belonging to respondent no.1-railways so that the petitioner can leave that portion and construct a road.
Sri.Arvind Kamath, learned Additional Solicitor General of India appearing for respondent no.1 submits that they have no objection for earmarking 1 acre 18 guntas of land belonging to them as per the survey report.
Admittedly, third parties who are alleged to have encroached upon portions of the land in Sy.No.56 and adjoining lands are not before this Court in the instant writ petition and no order can be passed adversely affecting their rights in the present writ petition. Both petitioner and respondent no.1 are having the liberty to work out their remedies against third parties, in the manner known to law in respect of encroachment of their respective lands.
Learned High Court Government Pleader appearing for respondent no.2-State submits that they have no objection to mark the boundaries as per the survey already conducted. This submission is made taking into consideration that the land has already been surveyed by an order of this Court in W.P.No.5201/2020.
In respect of 3 acres 31 guntas of land claimed by BBMP, the same is said to be beyond 1 acre 18 guntas of land belonging to respondent no.1-railways and does not overlap it. Further, as admitted by the petitioner there have been encroachment of the said area or at least a portion of the said area by third parties. Hence the question of conducting the survey or marking the said area, in the absence of those encroachers before this Court does not arise.
Further, learned ASGI fairly submits that railways is interested in only 1 acre 18 guntas of land belonging to them and not in other portions of land. Hence the question of passing any adverse orders against railways in respect of 3 acres 31 guntas of land also does not arise.
Hence, the following:
ORDER
(i) Respondent no. 2 shall carry out the marking of boundaries in respect of 1 acre 18 guntas of land belonging to respondent no.1-railways based on the documents to be produced by respondent no.1 to respondent no.2. He will also draw a sketch showing the area owned by respondent no.1 as claimed by them including encroachment, if any, by third parties in the said area;
(ii) The said exercise will be conducted on 12.03.2026 at 11.00 a.m.;
(iii) The concerned officials of petitioner as well as respondent no.1 are directed to cooperate with respondent no.2 in this regard and shall be present at the location without further notice;
(iv) It is hereby made clear this exercise will not affect the right of third parties vis-a-vis petitioner or respondent no. 1;
(v) Copy of the sketch and the report prepared by respondent no.2 is thereafter be provided to the petitioner and respondent no.1;
(vi) The writ petition stands disposed of accordingly.