• Query about Gundu Thopu land-Karnataka

Dear Advocates,

Need your help on the below-

This is regarding Gundu Thoppu Land in Bangalore..

I'm from Bangalore and in our area there is a govt land measuring 29 guntas, and the land type is Gundu Thopu as per RTC.. I have learnt that this type of land is presevred by govt for green patch, mini forest, basically to conserve floura and fauna in that region. 

Few Ppl are using this land for burial purpose (which is illegal), this is happening from last couple of years (2-3 years) and totally around 10 bodies have been buried so far. Which is surrounded by residential apartments and residential layouts. (Around 1000 Ppl are living adjacent to this land).

With this regards, would like to know the following -
1) Is there any law stating the land uses of Gundu Thopu? 

2) Can Gundu Thopu be converted to Burial ground in a residential area ?

3) what are the considerations govt takes to declare land as burial ground, I'm guessing there should be some NOC required from surroundings.

4) What steps we can take to stop the burial and preserve the land for green patch? 

5) if we want to convert the land to a park, what should be done by the citizens?

6) what are the pros and cons of raising a PIL?

7) Can we get the stay order? What are the pros and cons? 

8) Just FYI, we have raised the complaint with JC BBMP, DC-Bangalore, Talisdar, Corporator, MLA, unfortunately nothing seems moving till now, so would like to know from you all if there is any way forward.

Please let me know if you need any additional information.

Any help in this regard is highly appreciated.

Thanks for your .
Asked 6 years ago in Property Law
Religion: Hindu

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7 Answers

gundu thopus are primarily woodlots (green spaces that are  to be reserved for public purposes 

 

2) it cannot be allotted or sold to private persons 

 

3) Rule 108 -I prohibits grant of gundu thop land to individual or private instituions 

 

4) it cannot be converted to burial ground in residential area 

 

5) it can be converted into public park 

 

 

6) file writ petition in HC against use of said land for burial ground 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Whether land is forest land, this decides by govt. on the basis of land record and it`s geography. But a small portion cannot be forest land but green zone.

Surrounded by residential area cannot be declare or converted to burial.

File writ in High Court for immediate relief.

Master plan of municipality decides the nature of govt. land , no say of citizens.

NO cons, only remedy is PIL.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

File a writ petition in high court for the same it will provide the necessary direction

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Sir,

My answers are as follows.

  • Is there any law stating the land uses of Gundu Thopu?

Ans: Yes. Revenue Manual, Revenue Act and Rules.

  • Can Gundu Thopu be converted to Burial ground in a residential area ?

Ans: It all depends upon the circumstances and at the wisdom of State Govt. subject to judicial scrutiny.

  • what are the considerations govt takes to declare land as burial ground, I'm guessing there should be some NOC required from surroundings.

Ans: Yes, definitely, the consent of neighbors will be taken.

  • What steps we can take to stop the burial and preserve the land for green patch?

Ans: File PIL in High Court.

  • if we want to convert the land to a park, what should be done by the citizens?

Ans: File PIL

  • what are the pros and cons of raising a PIL?

Ans: Depends upon the mood of the HC judge.

  • Can we get the stay order? What are the pros and cons?

Ans: If you hire high profile advocate.

  • Just FYI, we have raised the complaint with JC BBMP, DC-Bangalore, Talisdar, Corporator, MLA, unfortunately nothing seems moving till now, so would like to know from you all if there is any way forward.

Ans: Just approach the High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

consult a local property lawyer and file writ petition in high court. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

gundu thopus are primarily woodlots (green spaces that are capable of small-scale production of forest products including wood fuel and serve as points for bird watching and bush walking) that were an integral part of the rural landscape.

Often the people who depend on these thopus are the urban poor and migrant workers, and conversion of thopus disadvantages them the most.

 

1.  There are no laws implemented restricting  such uses of the said lands becasue the authorities do not bother about them.

 2. It cannot be allowed but who will stop them until the authorities are informed about this.

3. It cannot be used as burial grounds, it is a serious matter hence somebody has to inform the authorities concerned about it.

4. Inform the local civic body with a representation or complaint.

5. You can give a representation to the local civic body made by all the citizens of that zone.

6. PIL may not be maintainable until you exhaust the remedies available in the local.

7. See the above answer.

8. Do you have the copy of the complaint/representation made to the authorities concerned, if so, then with the copies you may approach high court with the proposed PIL.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear

The gundu thopu land is primarily preserved for green space or public use 

The land cannot be converted to burial land

You can file a writ petition in high court  for preservation of the land purpose. 

Yes the land can be converted to park the surrounding residential area people should give a collective application to municipal corporation for making a public park at that land. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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