Karnataka High Court
Smt Meena S vs State Of Karnataka on 24 August, 2012
Bench: Chief Justice, Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 24TH DAY OF AUGUST, 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
Writ Petition No.45915/2011(LB-BMP-PIL)
Between:
1. Smt.Meena S.
L/R of Sri.Venkitaiah
Aged about 68 years,
Block No.41, House No.35,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
2. Smt.E.Pramila
Aged about 43 years,
W/o Bhaktachalam
No.27, E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
3. Smt.Irudhyamary
Aged about 55 years,
W/o L.Arokiadass
Old Block No.22, House No.21,
E.W.S. Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
4. Sri.S.Ravi
Aged about 47 years,
S/o D.Swamy
Old Block No.26, House No.13,
E.W.S Tin Shed,
Vivek Nagar,
2
Bangalore - 560 047.
5. Sri.S.Feroz
Aged about years,
S/o Abdul Jaffar
Old Block No.23,
House No.8,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
6. Smt.Ratnamma
Aged about 38 years,
W/o late Kothanda
Old Block No.38,
House No.16,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
7. Sri.M.Keshavalu
Aged about 61 years,
S/o Bothaiah
Old Block No.10,
House No.25,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
8. Smt.Shivashanthi
Aged about 58 years,
W/o late Shivakumar
Old Block No.36, House No.4,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
9. Smt.Meenakshi R.
Aged about 24 years,
D/o late Pushpa
Old Block No.36, House No.14,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
3
10. Sri.M.Venkitesh
Aged about 38 years,
S/o Marappa,
Old Block No.15,
House No.13,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
11. Smt.Amuda Dass
Aged about years, W/o
Old Block No.38,
House No.11,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
12. Sri.Ramachandran
Aged years, S/o
Old Block No.35,
House No.34,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047.
13. Smt.Bharathi
Aged about 60 years,
W/o late Dhanbhadur
Old Block No.7,
House No.8,
E.W.S Tin Shed,
Vivek Nagar,
Bangalore - 560 047. ....Petitioners
(By Sri.B.C.Thiruvengadam, Advocate, Sri.Anniyan Joseph,
Advocate)
And:
1. State of Karnataka
Through its Secretary
Housing and Urban Development,
Bangalore - 560 001.
4
2. Brahut Bangalore Mahanagara Palike
N.R.Square,
Bangalore - 560 001
Represented by its Commissioner
3. Maverick Holding and Investment (P) Ltd.,
A company registered under the Companies
Act, 1956
Having its office at
78/1, New K.R.Road,
Basavanagudi,
Bangalore.
4. Economically Weaker Section
Residential Welfare Association
(a registered association)
No.12, 25th Block,
E.W.S Quarters,
Viveknagar Post,
Bangalore - 560 047
Represented by its
General Secretary
Mr.P.S.Dass
5. Sri.Daniel Richard
S/o T.Daniel,
Aged about 52 years,
Opp: Sri.Kumarans High School,
Ramamurthynagar,
Bangalore - 560 016.
6. Sri.S.Govindraj
S/o Sundaram,
Aged 56 years,
37/4, Bazar Street,
Neelasandra,
Bangalore - 560 047.
7. Smt.K.Kodhanatchi
W/o M.Vishnumurthy
Aged 72 years,
No.89, 19th A Cross,
Butchappa Road,
Ejipura,
Bangalore - 560 047.
5
8. Smt.K.Ushadevi
W/o Arumainathan,
Aged 52 years,
No.89, 19th A Cross,
Butchappa Road,
Ejipura,
Bangalore - 560 047.
9. Smt.K.Saravani
W/o Deva Sagayam,
Aged about 45 years,
No.D-340, 4th Lane,
East Ring Road,
I.T.I Colony,
Dooravani Nagar,
Bangalore - 16.
10. Smt.Saraswathy
D/o Arjun Rao,
Aged about 60 years,
57-B, Rudrappa Garden,
Vivekanagar Post,
Bangalore - 47.
11. Sri.Keshavelu
S/o Raghvalu,
Aged about 64 years,
57-B, Rudrappa Garden,
Viveknagar Post,
Bangalore - 47.
12. Smt.Fathima
Aged 73 years,
Block No.14,
House No.22,
EWS Corporation Quarters,
Koramangala,
Bangalore - 560 047.
13. D.Arul
S/o late David,
Aged 63 years,
7th Main Road,
2nd Cross, 2nd Stage,
6
Rajendranagar,
Viveknagar,
Bangalore - 560 047.
14. Sri.G.Shanmugam
S/o M.Gopal,
Aged about 58 years,
Block No.18,
House No.21,
E.W.S Compound,
Koramangala,
Bangalore - 560 047.
15. S.Marian Alfred
S/o late T.John,
Aged about 54 years,
Door No.151,
Old Cement Lane,
Austin Town,
Bangalore - 560 047.
16. K.Shivanna
S/o Kupanna
Aged about 61 years,
32/1, "G-16"th Street,
Jogupalaya,
Bangalore - 560 008.
17. Sri.S.John Dass
S/o C.Savarimuthu,
Aged 53 years,
No.65, 17th Cross,
3rd Stage,
Ambedkarnagar,
Viveknagar,
Bangalore - 560 047.
18. Smt.Queeni
W/o late K.James
Aged about 50 years,
No.27, 2nd Main,
Ambedkarnagar,
Koramangala,
Bangalore - 560 047.
7
19. Smt.Savithramma
W/o Rajanna,
Aged about 61 years,
No.143, M.M.Garden,
Neelasandra,
Bangalore - 560 047.
20. Nabesabi
W/o Aneef
Block No.41, Flat No.36,
E.W.S Compound,
Koramangala,
Bangalore - 560 047.
21. Smt.K.Usha
D/o Chikkavenkittappa
Aged about 46 years,
No.6, Ramaswamy Road,
Sudama Nagar,
Bangalore - 560 027
Represented by her
G.P.A.Holder
K.Sundaramurthy,
S/o Karupaiah,
Aged 39 years,
No.9, L No 7th Street,
Ashok Nagar,
Bangalore - 560 025.
22. Smt.Devi M.
W/o Varadaraj,
Aged about 53 years,
No.22(3), 5th Cross,
Magadi Road,
Bangalore - 560 023
Represented by Mrs.Lilly Rosaline
W/o late Anthony Richard,
Aged about 62 years,
No.1602, Block No.49,
3rd Stage, B.D.A Austin Town Layout
Bangalore - 560 047.
23. Sri.P.M.Rajendran
S/o Pitchakkaran,
Aged about 41 years,
8
C/o Namakali Transport,
2nd Cross 1st Main,
N.T.Pet, Bangalore - 560 002
Represented by Smt.D.Susaimary
W/o late Stanislas Raj,
Aged about 58 years,
No.1694, B.D.A C-23,
Austin Town Layout,
Bangalore - 560 047.
24. Sri.C.Sigamani
S/o Narayana,
Aged about 54 years,
No.45/5, 4th Cross,
Ayyappa Block,
Vivekanagar Post,
Bangalore - 47,
Represented by his
Power of Attorney Holder
V.Krishnaswamy,
S/o Veeranna Shetty,
Aged about 57 years,
House No.33,
Block No.1,
EWS Corporation Quarters,
Koramangala,
Bangalore - 560 047.
25. Smt.Menaka Gopala
W/o Gopalan,
Aged about 70 years,
No.A/136, 1st Cross,
Magadi Road,
Bangalore -23,
Represented by her
Power of Attorney Holder,
Mrs.Josephine Felicita,
C/o Mrs.Lilly Roslin,
Aged about 48 years,
No.1602, Block No.49,
3rd Stage, BDA Austin Town Layout,
Bangalore - 47.
26. Sri.R.Rameshkumar
Aged about 58 years,
9
No.2, Corporation Quarters,
Barlley St.Cross,
Shantinagar,
Bangalore -560 047,
Represented by his
Power of Attorney Holder
Smt.Channammal,
W/o M.Keulu,
Aged about 60 years,
EWS Corporation Quarters
No.8, Block No.42,
Koramangala,
Bangalore - 560 047.
27. Sri.P.Velu
S/o late Ponnuswamy,
Aged about 58 years,
No.59, Mackan Road,
Bangalore - 560 001,
Represented by his
Power of Attorney Holder
G.Sampath Rajan,
S/o Gunasekharan,
Aged about 51 years,
No.W-Type House No.57,
H.M.T Colony,
Bangalore - 560 031
28. Sri.Janaki Ram M.,
S/o late Muniswamy,
Aged about 56 years,
No.128, Seppings Road,
Bangalore -560 001,
Represented by his Power of
Attorney Holder
Sri.G.Sampath Rajan,
S/o Gunasekharan,
Aged about 51 years,
No.W Type House No.57,
HMT Colony,
Bangalore - 560 031.
29. Smt.Khurshid Unnisa
D/o Sri.Mohammed Ghouse,
Aged about years,
10
No.23, `C' Road,
11th Cross, H.M.Road,
Padarayanapura,
Bangalore -26,
Represented by his Power of
Attorney Holder
Sri.A.Devirajan,
W/o Sri.Selva Rajan,
Aged about 35 years,
No.13, Appu Mutrition,
Veerassandra, Industrial Estate,
19 K.M., Hosur Road,
Bangalore -560 058.
30. Sri.S.Ravi
S/o Sampangi,
Aged 47 years,
No.13, Balaya Naidu Street,
Vannarpet,
Viveknagar Post,
Bangalore - 47
Represented by his
G.P.A Holder
Smt.M.Pushpa
W/o Murugesh,
No.17, Block No.30,
E.W.S Quarters,
Koramangala,
Bangalore - 560 047.
31. Sri.N.Vijayakumar
S/o Nitesh Kumar,
Aged about 51 years,
No.24, Dispensary Extension,
Kalasipalayam,
Bangalore -02
Represented by his Power of
Attorney Holder
Smt.Jameela Begum,
D/o Mohd.Ghouse
Aged 40 years,
No.14, 1st Floor, 23rd Block,
Koramangala,
Bangalore - 47.
11
32. Sri.Imthiaz Basha
S/o Dastagir Sab,
Aged about 47 years,
Peer Boundary,
Cotton Pet Main Road,
Bangalore - 560 053,
Represented by G.P.A Holder
A.P.Robert,
S/o F.Anthony,
Aged about 66 years,
22/7, Nadagatta,
Ejipura,
Viveknagar,
Bangalore - 560 047.
33. Sri.K.Ramesh
Represented by his GPA
A.Shanthi,
Block No.39, House No.6
EWS Quarters
Vivek Nagar,
Bangalore - 560 043.
34. P.V.Thiruimurugan
No.52, M.M.Road,
Doddigunda,
Cox Town,
Bangalore - 560 005.
35. Smt.Pushpa Jayanthi
W/o Jagannath
Aged about 32 years,
Eegipura Main Road,
Bangalore.
36. Sri.Udaya Subyan K.
No.33, London Street,
Yellegunde Palyam,
Bangalore.
37. Sri.C.Moola Kondaiah
No.42/1, Ambedkar Nagar,
2nd Stage, Vivek Nagar,
Bangalore - 560 047.
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38. Smt.Rosy Marry
D/o Zakiras,
No.59, Masjid Street,
Muniswamy Garden,
Anepalya, Neel Sandra,
Bangalore - 560 047.
39. Sri.Rajamani
S/o Venugopal,
No.119, 4th Cross,
Viveknagar Extension,
Bangalore - 560 047.
40. Sri.A.M.Shivalingam
S/o Motaiah,
No.40, Old Cement,
Austin Town,
Viveknagar Post,
Bangalore - 560 047.
41. Smt.Majula
W/o Shivalingaiah
No.12, Block No.38,
EWS Quarters,
Bangalore.
42. K.Sundara Murthy
Represented by GPA
Mrs.Bharathi Venkata Rao,
No.30, Corporation EWS Quarters,
Kormangala,
Bangalore - 560 047.
43. Aslam Khan
S/o Sri.Ameer Jan,
R/at: No.14,
Old Kasi Road,
Bangalore - 560 002.
44. Smt.Chandra
S/o Narayan Swamy,
No.240, 5th Cross,
Austin Town,
Bangalore.
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45. Sri.Ravi
S/o Thangaraj
No.12, 7th Cross,
Sonnenahalli,
Vivek Nagar,
Bangalore.
46. Smt.Saraswathi Amma
W/o Sri.Balakrishna
No.8, 2nd Batru Thensen Road,
Rannaer Pete,
Bangalore - 560 047.
47. Smt.Geeth
W/o B.Shekhar
No.7, 2nd Batri Thansen Road,
Rananr Pete,
Bangalore - 560 047.
48. Smt.Devika Jagannath Pille
W/o Jagannath Pille,
No.9, 2nd Batri Thansen Road,
Rananr Pete,
Bangalore - 560 047.
49. Smt.Rani
W/o Jagannath Pille
No.9, 2nd Batri Thansen Road,
Rananr Pete,
Bangalore - 560 047.
50. Sri.Devaraju K.
S/o Kolandai Swamy,
No.83, 2nd Cross,
Vivek Nagar,
Bangalore - 560 047.
51. Smt.Suguna Das
W/o Das
Opp. Rama Temple,
Dekappa Compound,
Eegipura,
Bangalore.
52. Smt.Shahajadi Begam
14
W/o Anwar Begh
No.22, East Street,
Neelasandra,
Bangalore.
53. M.Velu
S/o Murugesh
No.84, 2nd Cross,
Sonnehalli,
Vivek Nagar,
Bangalore.
54. Smt.Sharadamma
W/o Jeevarathnam
No.12, S.M.Road,
Vannar Pete,
Bangalore - 560 047. ....Respondents
(By Sri Anniyan Joseph, Advocate and Sri Clifton Rozario,
Advocate for R-4;
Smt.Anna Lucia, Advocate for R-5 to R-32;
Sri D.N.Nanjunda Reddy, Sr.counsel a/w Sri R
Subramanya, Advocate for M/s.Ashok Haranahalli
Associates, Advocates for R-2;
Sri S Sriranga, Advocate for M/s.Just Law, Advocates for
R-3;
Sri R Devadas, AGA for R-1;
Sri K Chandrakanth Ariga, Advocate for R-33 to R-54.)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India praying to direct the first
respondent to allocate funds as directed expeditiously start
the reconstruction of the demolished E.W.S quarters, etc.
This Writ Petition coming on for orders this day, Chief
Justice made the following:
ORDER
Vikramajit Sen, CJ (Oral) Office objections on the amended memo of parties is over-ruled in view of specific orders passed by the Court 15 directing the applicants to be arrayed/impleaded as Respondents. Amended memo of parties is taken on record.
2. So far as list of allottees prepared by BBMP and filed in these proceedings, if there are any parties who hold valid Lease-cum-Sale documents, Agreement and/or an Allotment letter, such persons may approach BBMP for correction of the list. Learned Sr.Counsel appearing for BBMP states that each such complaint/request if any would be duly considered and decided on merits. Said submission is placed on record.
3. Allotment of 1512 Flats shall be carried out by BBMP by draw of Lots.
4. Concession Agreement between Respondent No.2 and Respondent No.3 shall remain in force except where the provisions are contrary to the Agreement - Exhibit-C which has been duly signed by Petitioners - EWS Welfare Association and counsel for Petitioners as well as newly impleaded Respondents on the one hand and by Respondent Nos.2 and 3 together with their respective Advocates.
16
5. Learned AGA states that Respondent No.1 has no objection if the Agreement is given the imprimatur of the Court.
6. It is observed that some of the Petitioners have not subscribed their signatures or their thumb impressions to Exhibit-C. Their counsel submit that each one of them has agreed to the terms of Agreement - Exhibit-C but for one reason or the other are physically unable to subscribe their signature or their thumb impressions. Similar position obtains sofar as some of the impleaded Respondents are concerned.
7. We have carefully perused the terms of Exhibit - C and are satisfied that it is to the advantage of the original allottees of the subject lands. This Writ Petition is in public interest and therefore Exhibit-C shall bind all original allottees or 1512 original allottees regardless of whether they have signed Exhibit-C or not. Several of the Petitioners are present in Court and affirm the submissions made by counsel for Petitioners and counsel for newly added Respondents.
8. Sofar as Stamp Duty on the conveyance which will ultimately be executed is concerned, we are of the view that provisions of Section 2(1)(mm) of the Karnataka Stamp Act, 17 1957 clarifies that market value shall be the price mentioned in the Lease-cum-Sale Agreement or Allotment letter (in original) as the case may be.
9. Learned AGA submits that so long as the conveyance mentions the price contained in the original Lease-cum-Sale Agreement and/or Allotment letter, Sub- Registrar would have no objection treating that price as the market price. We clarify that BBMP shall only mention the price in the Lease-cum-Sale agreement executed earlier as the sale consideration for the allotment now being made in respect of the EWS Flats now being constructed by Respondent No.3 under the agreement.
10. Registry is directed to place any Writ Petition if filed in future pertaining to project of 'Development of Housing Complex for Economically Weaker Sections at Koramangala, Bangalore' before Court Hall No.1 along with the papers of the instant Writ Petition.
11. All those desirous of taking up the offer of Rs.30,000/- in lieu of alternate re-location/rehabilitation shall do so within two weeks from today. Respondent No.3 shall tender aforementioned payment by cheque or DD drawn in the name of original allottee who are residing in 18 the site, in terms of the Joint memo. Such person shall vacate the premises within 15 days thereafter.
12. Respondent No.2 has made available five acres of land in Iglur on Hosur Road for rehabilitation of 1512 original allottees minus those who have accepted Rs.30,000/- . Respondent No.2 undertakes to handover possession of the site within 15 days from today to Respondent No.3 who shall immediately thereupon construct temporary transit sheds and other infrastructure for temporary rehabilitation of the said original allottees, within four weeks thereafter.
13. In view of the above arrangement, we are satisfied that there will be no justification for any person to remain on the present site after six weeks from today. Accordingly, Respondent No.2 shall have the authority to evict/eject all occupants from the present site after 8th October, 2012 and if necessary taking the aid/assistance of police force.
14. Learned AGA undertakes to the Court that there shall be adequate Police presence, protection and Patrolling on the present site 24 hours in order to provide safety and security to persons concerned. This arrangement shall continue till 8th October, 2012. This order should not be 19 understood to indicate that thereafter BBMP shall not be entitled to seek Police aid.
Public Interest Litigation stands disposed of in the above terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE sp