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K’taka HC orders investigation into temple-road encroachment dispute

Legally SpeakingK’taka HC orders investigation into temple-road encroachment dispute

The Karnataka High Court has directed the Deputy Commissioner of Bengaluru Urban district to assign the deputy director of land records and a technical team to submit a report on whether a temple in the area has encroached upon the road or if the road was constructed around the temple.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit heard a petition alleging illegal encroachment of the road by Sri Sallapuradamma Temple, situated on Hegganahalli Main Road, Sunkadakatte village, Bengaluru. The road in question has reportedly been obstructed by the temple, and upon reviewing a photograph, the high court observed that the temple appears to be situated in the middle of the road.

Previously, on March 8, 2021, the high court directed the Bruhat Bengaluru Mahanagara Palike (BBMP) to assign an officer to visit the site and file a report. However, the court found the BBMP’s affidavit to be “ambiguous” and an attempt to create confusion.

It stated, “We are unable to comprehend the statement which in a way indicates the situation that the road is laid around the temple. This report fails to show as to whether there is illegal encroachment and whether the temple has been standing there for ages.”

To obtain a “clear report from an independent authority,” the high court has ordered a new survey and postponed the hearing to February 9, 2024.

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