Date:18/11/2005 URL: http://www.thehindu.com/2005/11/18/stories/2005111818490400.htm

Karnataka - Bangalore

`Documents on Sankey Tank considered'

Staff Reporter

Sreenivasan's family says Lokayukta had not considered the Mysore Gazette notification and Supreme Court order

BANGALORE: Lokayukta N. Venkatachala on Thursday said that he considered in detail all the documents, including those referred to by the family of the late M.A. Sreenivasan, before submitting his report to the Government about "illegal claims" of over 10.17 acres of land around the Sankey Tank in the city.

Sreenivasan's family has maintained that the Lokayukta had not considered the Mysore Gazette notification dated October 14, 1959 and the Supreme Court's order of April 15, 1968 on the compromise reached between the State Government and Sreenivasan on dropping the acquisition proceedings.

The notification, Mr. Venkatachala, a retired judge of the Supreme Court, said, was issued by the City Improvement Trust Board for acquiring three acres and 10.28 acres in Survey No.2 of Rajamahal village. Both the lands were described as "palace lands." Sreenivasan filed objections against acquisition of 10.28 acres claiming to be the owner of the lands.

Mr. Venkatachala said that Sreenivasan himself had stated in his objections that "an average" of one acre of land was under submersion as it was adjoining the Sankey Tank.

This apart Sreenivasan had also stated most of the area of his land was furrowed, eroded and consisted of deep gullies and was unfit for building purposes, Mr. Venkatachala said.

The Government did not accept Sreenivasan's contention. On appeal, the High Court upheld Mr. Sreenivasan's contention, which then made the Government approach the Supreme Court.

It was here that the matter ended in a compromise, Mr. Venkatachala said.

Mr. Venkatachala said the acquisition proceedings were initiated under the "mistaken impression" that he had acquired "rightfully" the land from the Mysore Maharaja.

"Under laws that prevailed then, the Maharaja himself had no right to alienate that land as it is a part of Sankey Tank. Under the present laws, the State Government has no right to alienate any part of the Tank or lake bed," he said.

Hence the acquisition proceedings and the resultant Supreme Court's order on the compromise had no legal consequence, he added.