BENGALURU: In a big relief to the Okalipuram Welfare Association, which has been fighting a case of illegal occupation of civic amenity sites in Lakshman Rao Nagar in Okalipuram for the past three decades, the civil court dismissed the original suit (OS) filed by 33 people to issue directions to the BBMP to declare that their houses were lawfully constrcuted on these sites.
Dismissing the OS, XXVII Additional City Civil Judge G Prashanthi said the houses belonging to the 33 people in the civic amenity area were illegally constructed as they did not have the right, title or property document for the same.
“It is very clear that the plaintiffs are in possession of the suit schedule property (CTS No.1353) from 1964. Even the defendant (BBMP) also admits that the plaintiffs are in possession of the suit schedule property from 1964. However, the possession is not lawful,” the court said. Referring to the BBMP’s statement that identity cards were issued to identify the beneficiaries for allotting houses under the Ashraya Scheme, the court said that the ‘hakkupatras’ issued to them were not valid and not binding of the BBMP.
The OS was filed by Prakashamma and 32 others residing at Lakshmana Rao Nagar in Okalipuram in 2009 against then BBMP Commissioner. On the land in question, 33 huts are occupied by 33 families.
The plaintiffs claimed they were in the possession of the suit schedule property from 1960. Stating they were paying the electricity bills and taxes, the plaintiffs claimed the government has already issued voter ID cards to them.
The BBMP had said the entire suit schedule property belongs to the BDA and it is identified as a civic amenity site by the BBMP.