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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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
