No concept of gated community; roads not exclusive to local residents says K'taka HC
Bengaluru (PTI): Landowners or developers of a layout will not have any right over roads and other services once they relinquish control over it to the civic bodies, the Karnataka High Court said, upholding a judgement of a single judge bench. The Upkar Residences had filed a petition before the single judge bench against Pabba Reddy Kodandarami Reddy of Sree Lakshmi Venkateshwara Towers, Outer Ring Road, Bellandur seeking right of ingress and egress of the public in the approved layout.
Reddy had contended that it was a gated community and the roads were meant for exclusive use of the residents.
The single judge bench in its order passed on November 29, 2022 held that there was no concept of gated community and Reddy cannot interdict the use of roads by the public.
Reddy had challenged this by way of an appeal which was heard by a division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit.
Dismissing the appeal, the division bench said, "We decline indulgence in the matter being broadly in agreement with the reasoning of the learned Single Judge that the roads in the layout concerned can be made use of both by the residents of the layout and others as well. This is consistent with condition No.11 incorporated by the competent authority while sanctioning the layout plan."
Condition 11 stipulates that the roads and public amenities are maintained by the civic authorities and allowed for use by all public.
The bench cited an earlier order of the HC in which the sanctity of condition 11 was upheld.
"In the absence of condition-11 subject to which the layout plan was approved, we would have appreciated the contention of the appellant that the roads in the subject layout were exclusively meant for its residents and therefore, outsiders cannot as a matter of right tread the same. However, that is not the case," it said.
The court, however, noted that even when Condition 11 is active, the residents can obtain special concessions to prevent the use of roads as a thoroughfare.
"It hardly needs to be stated that there is no impediment in law as it now obtains that for special reasons even with the stipulation of the condition-11 a specific concession can be obtained at the hands of the authorities that despite relinquishment of the roads and public amenity spaces, the said roads are not intended to be a thoroughfare and therefore, outsiders cannot as a matter of course can make use of the same," the bench said.
But once the roads are given up to the civic agencies, the original owners have no right over it, the HC said. "We need to clarify that once the relinquishment is done, the land owner or the developer of the layout will have no right whatsoever, which they had before relinquishment was done," the bench said.
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Cong leader Prithviraj Chavan defiant after facing verbal missiles on Op Sindoor remarks
Mumbai (PTI): Despite facing criticism, senior Congress leader Prithviraj Chavan on Wednesday stood by his controversial comments that India faced a "total defeat" in aerial fight with Pakistan on the first day of Operation Sindoor on May 7.
The former Union minister refused to apologise for his comments on the Indian military operation against terror hubs in Pakistan and PoK in aftermath of massacre of tourists at Pahalgam in Jammu and Kashmir in April.
Talking to reporters in Pune on Tuesday, Chavan claimed India faced a "total defeat in the aerial fight (with Pakistan) on May 7 which lasted for half-an-hour".
"One may believe this or not. After that the Indian Air Force got grounded and not a single aircraft took flight that day.... be it Gwalior, Bhatinda or Sirsa, there was a possibility of aircraft being shot down, so our complete Air Force was grounded," the former Maharashtra chief minister had said.
Hitting out at Chavan, Maharashtra Deputy Chief Minister Eknath Shinde accused the Congress of speaking the language of Pakistan. He said questioning the military action was akin to demoralising the morale of armed forces.
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"The criticism does not stem from the love of the nation, but love for Pakistan," said the chief leader of the Shiv Sena, a key constituent of the BJP-led NDA.
Chavan, however, remained defiant.
"There is no question of apologising. The Constitution has given me the right to ask questions," the Congress veteran asserted.
Chavan also questioned the need of having a 12-lakh strong Army when future wars will be about aerial combats and missiles. "During Operation Sindoor we saw that there was no movement of the Army even for a kilometre," he had said.
BJP Lok Sabha MP and spokesperson Sambit Patra said Chavan's remarks are loaded with sedition.
"He (Chavan) has refused to apologise. The Indian armed forces struck 100 kms inside the Pakistan territory and destroyed 11 air strips (of the Pakistani Air Force). He made remarks that the Indian Army did not even move an inch (during the military operation). This is nothing but a statement full of sedition, a statement of a traitor," Patra said, lashing out at the Congress leader.
The BJP spokesperson maintained the Congress appears to be standing with Chavan and alleged the Opposition party is playing into foreign hands.
Congress leaders Sonia Gandhi and Priyanka Gandhi Vadra should apologise for it, he added.
Union minister Giriraj Singh of the BJP insisted it was not right to devalue the valour of Indian armed forces.
Samajwadi Party MP Virendra Singh suggested that wherever armed forces are concerned, every Indian should be mindful of statements they make and ensure their comments do not demoralise the military.
Operation Sindoor was a result of "mistakes of politicians", he claimed.
TDP MP Krishna Devraylu said after the poll defeat in Bihar, the Congress is rattled and their leaders have been talking absurdly.
"Chavan's remarks are a prime example of this. This kind of disrespect to our armed forces is not necessary. If the Congress is angry with the NDA, it should show it in a different way and not drag armed forces into it," Devraylu opined.
AAP MP Ashok Mittal said such statements should not be made by any senior politician, especially by someone who has been a former chief minister.
The Indian armed forces registered a strong victory and destroyed terror launchpads in Pakistan during Operation Sindoor, Mittal added.
