This is regarding a Plot measuring 1769 (60+61)/2 & (30+28)/2 which I along with my Father who retired from Indian Army Purchased on 11th June 2003 with his retirement money to settle in Bangalore and registered the property at KR Puram Karnataka Sub Registrar’s office under my Name and this Property is situated at Site No 20, Survey no 126/4 at Sree Balaji Layout, Horamavu, Bangalore East Taluk, KR Puram Hobli, Bangalore, Karnataka. At this property, I had taken Panchayat approval in the year 2005 to construct a House as it was a revenue land when we had purchased. Due to shortage of funds and Bank not funding Loans for this plot, I had kept this plot vacant and laid a compound wall in Jun’12 & Jul 2012 to avoid encroachment as the prices of this area is going up. I have been paying Property Tax since 2003 for 1769 Sq Ft measurement and no one raised concerns around the measurement till last year.
This all started when my neighboring property owner on the North of my Property claimed to be the owner of the Land where Raj kalvey (Drainage) existed started to lay a compound wall. His Neighboring Property Owner who owns a big chunk of land in this area objected him from constructing the compound wall as it was blocking the Raj Kalvey(Drainage) passage and when he did not stop, he lodged a complaint with the KR Puram Bangalore east taluka Official. Taluka officials visited the spot same day ( October 12, 2012) and when the Taluka Officials visited the Spot to Stop the person from constructing the compound wall, they saw my plot and mentioned that I have also encroached the government land(Drainage) and took my Name and Contact details along with the neighboring Land owners name to lodge a complaint with the Hennur Police station. A FIR under IPC Section 447(Criminal Trespass) was lodged at Hennur Police station when there was no demarcation of land highlighting the Drainage Area to justify this action. Moreover, the govt officials never gave any notice before taking the extream step of filing a case with the Hennur Police Station. when the Inspector of the Police Station called me for enquiry I carried all the relevant documents (Sale Deed, Mother Deed which is registered with the Government of Karnataka KR Puram Sub Registrars Office, Property tax Paid Receipt for my property for the last 10 years, BBMP B Khata document with the same 1769 Measurement and other documents pertaining to prove my ownership of the property and to lay a compound wall as per my Registered Document.
I was informed by the Inspector that since the complaint had come from the government office; they had to register the complaint even though they (Taluka officials) had not done their investigation before filing the complaint. They had also not given any notice nor did they perform a survey before submitting the complaint. I was asked by the inspector to meet up the Bangalore East Taluka officials to sort this issue out.
I wrote a letter on a plain white paper on October 25, 2012 along with all the relevant documents to support my ownership of the property and submitted the same at the TAPAL counter of the Bangalore East Taluk, Kr Puram and received the acknowledged of their receipt.same day. I waited for a month after receiving no response for the 1st letter; I wrote another letter on November 30, 2012 on a Plain white paper asking them to justify their action and to perform a physical survey in my presence to establish the Raj Kalvey (Drainage) which to date they have not been done yet. Even for my 2nd Letter I never received a response for over a month. To my Surprise, without any notice on January 12, 2013 the Taluka officials along with the Police protection visited my Plot and broke the Compound wall and had dug up from the center. If needed, I shall provide the photographs of the damage caused. I got to know about the compound wall getting demolished when one of my neighbor called me to notify of their action. When I visited the site in an hour’s time, the compound wall was already demolished. I have attached few photos of the same. Also, as a law abiding citizen, I did not prevent the authorities to perform their duty. When asked as to why the compound wall was broken and no notice was given. They said since it is a government land which has been encroached they need not give a notice and when asked to mark the exact location of the Raj Kalve(Drainage), they said they will do it latter. I had taken personal loan to construct this Compound wall in June/July 2012 and still paying a monthly EMI for the same and this has caused me a loss of over Rs.80,000 (eighty thousand) damage. This is literally causing lot of harassment.
As I was not getting response from the Bangalore East Taluka officials who initiated the action, I took the help of Right to Information act 2005 to seek the required response. I submitted a Letter at the Tapal counter of Bangalore East Taluk on January 28, 2013. Copy of the same is also attached. I waited for over a month and when I did not receive a response again, I visited the Bangalore east Taluk Office on 8th March 2013 and asked for a status. I was informed that the Case has been forwarded to the LND -1 Department and was asked to meet Mr. Kumaraswamy. I was asked to come later by Mr Kumaraswamy as he had to search for the file. I went to their office in the evening again where he showed the Complaint letter from the Taluka Office, Village Map, and Survey sketch drawn by the govt. Surveyor where he has depicted my entire plot under Survey 126/2 instead of Survey no: 126/4 as encroached and an apartment next to my Plot and house behind my Plot have also been encroached and my question in my RTI Letter dated March 28, 2013 to them was that why an action against them has not been taken on constructed houses if their claim was correct. as per the Original Copy of the Pakka Book of Village record for Survey 126 in clearly shows that the Survey map shared by the Govt Offical as a response to my RTI is Not correct and manipulated to simply harass me. When asked for a certified copy of this survey document I was informed that I would not be provided the same as Bangalore East Taluka Tahsildar has not signed the document yet due to which he can’t give a certified copy. I was asked to submit another request asking for the certified Survey Sketch and also I was asked to meet the government surveyor to sort this issue who inturn asked me to write a letter to BBMP office to perform the survey.
I have filed another RTI on 28th March 2013 asking them few more questions and asking them to perform a Physical Survey of the area. Copy of the same is attached along with this email. I am sure I would not receive a proper response to this request as well unless some pressure is put on these corrupt govt. officials through your Channel.
I was able to get hold of the City development Plan 3.11 Horamavu from Bangalore Development Authority dated 25/06/2007 which is the Bangalore Revised Master Plan for the year 2015 and it is clearly visible that the Raj Kalvey (Drainage) does not pass from my plot. There is some issue going on with Skyline Fountainhead apartment in this locality. As I was not getting required help from the government surveyor inspite of writing multiple letters, I have performed a survey through a private surveyor and as per him my property does not fall under the Raj Kalvey and portion of neighboring constructed houses would have to be demolished as they fall on the Raj Kalvey(Drainage). The Demolition of my Compound wall without conducting proper survey and without providing me any notice is a harrasment and these government officials should be held accountable to pay for the cost of damage and also should remove my name form the police complaint to avoid further inconvenience.
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