Prominent Bengaluru IT park did not encroach defence land, says Karnataka HC on basis of 2022 survey

Based on a joint survey conducted by the state land records department in November 2022 in the presence of defence and IT park officials following high court orders in the legal dispute, the high court also ruled that there was no encroachment by the software park into defence land belonging to the Army Service Corps Centre in Bengaluru.

The high court further rejected a plea by the defence authorities for the conduct of a re-survey of the land.

Golf Links Software Park Ltd is a joint venture of the real estate unit of the Embassy Group and the Kelachandra group belonging to the family of Karnataka Congress leader and minister K J George. Embassy Group’s Jitendra Virwani and George are directors of the firm.

“…it is a case where joint survey pursuant to the orders passed by this court takes place with the participation of respondents 6 to 9 of the Defence Estate Office. The report was that there was no encroachment but encroachment by the defence,” the high court observed.

“If survey conducted pursuant to the orders passed by this court in compliance with law and in the presence of the defence is permitted to be objected to by the respondents, it would be respondents arguing against their own orders or the joint survey report doubting their own officers,” Justice M Nagaprasanna said.

“A repeat survey is sought, which this court declined to accept as survey cannot be conducted any number of times, till a report in favour of respondents 6 to 9 would come about,” the high court said, allowing the petition filed by Golf Links Software Park Ltd.

The “notice dated 13-10-2014 as communicated to the petitioner on 10-11-2014 stands quashed” and the “observations made in the course of the order regarding survey are noted to have become final”, the high court said in an order that was uploaded on Thursday.

The defence estate officer had alleged in 2014 that the software park created in 2006 following the acquisition of over 10 acres of land from private people in Challagatta village of Bengaluru between 1997 and 1998 had encroached on portions of defence land in Survey Number 282 of Domlur village.

“The land in your occupation belongs to the Defence dept. The defence dept. is the absolute owner in possession of the land which is, in your occupation. You have illegally occupied part of the defence land without an iota of right, title or interest,” the October 2014 notice said.

The notice said that the software park had encroached on 92 sq m, 274 sq m and 2,079 sq m of land belonging to the ASC Centre South in Survey number 282.

Earlier, in December 2014, the Karnataka High Court had intervened in the dispute to order the construction of a 1,151-metre public road between the IT park and Challagatta village area which had been held up due to the land dispute with the IT park – despite a memorandum of understanding signed in 2006 by the Bengaluru city corporation and defence authorities.

Between December 2014 and 2022, the case had been pending in the high court, and subsequently, the joint survey by the assistant director for land records in the presence of defence officials and IT park officials was ordered by the high court in July 2022.