Karnataka: Plea against land value assessment dismissed

BENGALURU: The high court dismissed a petition filed by Chamundeswari Build Tech Private Limited, observing that the petitioner is not a bona fide litigant and has been resorting to litigation to continue its illegal hegemony over government property, that too for decades together.
“The fact that the apex court has not intervened to set aside the finding of the co-ordinate bench and division bench, describing it as an encroacher, leaves no doubt in the mind of the court that the present petition is nothing but an abuse of the process in order to enable the petitioner to achieve its narrow ends, that is to illegally continue its possession and commercial use of public property,” Justice G Narendar observed in his order.
The judge further opined that the petitioner being a commercial entity and being well aware of its rights and reciprocal duties, has been deliberately using litigation as an instrument to give a cover of respectability to its illegal acts.
The judge also rejected the petitioner’s claim that the then chief minister and council of ministers influenced the decision. “Mere calling of the files by the chief minister and expression of displeasure, or mere placing of the proceedings of the sub-committee before the cabinet can by no stretch of imagination be construed as external influence. No material is placed to demonstrate as to whether the then CM or the then cabinet suggested any particular methodology for determining the market price...,” the judge observed while rejecting the petition on merits.
The petitioner-company, which had developed the golf resort, sought for quashing of the proceedings of the state government dated August 3, 2017, whereby it communicated the decision of the cabinet sub-committee, which assessed the market value of the 77 acres 19 guntas of land at Rs 982,07,77,480 (Rs 982crore).
The company also sought for quashing of August 7, 2017 endorsement issued by the deputy commissioner, Ramanagara, who called upon it to deposit the amount within one month, failing which, the petitioner’s occupation would be concluded as unauthorised and action would be initiated to take possession of the lands.
The petitioner had further prayed for a direction to the authorities to accept the amount of Rs12.3 crore as market value for the 77 acres and 19 guntas, claiming that it was in conformity with the Supreme Court order dated January 16, 2014 .
However, appearing for the state government, advocate general Prabhuling K Navadgi told the court that 77 acres and 19 guntas had been illegally encroached upon and that the Supreme Court has not set aside the findings of the high court holding the petitioner to be a squatter or encroacher.