Karnataka High Court
Sri N Nagabhushan vs The State Of Karnataka on 21 August, 2017
Author: B.S.Patil
Bench: B.S.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.1939-1940/2016 (LA-BDA)
c/w
W.P.Nos.1941-1942/2016 (LA-BDA),
W.P.Nos.3497-3498/2016 (LA-BDA),
W.P.Nos.3499-3500/2016 (LA-BDA),
W.P.Nos.3501-3502/2016 (LA-BDA),
W.P.Nos.3503-3504/2016 & W.P.No.40124/2016 (LA-BDA),
W.P.Nos.3505-3506/2016 (LA-BDA),
W.P.Nos.3507-3508/2016 & W.P.No.42429/2017 (LA-BDA)
IN W.P.Nos.1939-1940/2016
BETWEEN
1. SRI N.NAGABHUSHAN,
S/O NYANAPPA CHARY,
AGED ABOUT 62 YEARS,
NO.375, 14TH BLOCK,
ARKAVATHI LAYOUT, THANISANDRA,
BANGALORE-560 045.
2. SRI.S.DHANRAJ
S/O N.SHANKARAPPA,
AGED ABOUT 54 YEARS,
NO.356, 14TH BLOCK,
ARKAVATHI LAYOUT, THANISANDRA
BANGALORE-560 045. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
2
4TH FLOOR, VIKAS SOUDHA,
BANGALORE-560001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALORE-560001.
3. BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE-560 020,
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMAR PARK WEST EXTENSION,
BANGALORE-560 020.
5. SRI.A.V.RAVI PRAKASH,
S/O LATE A VENKATARAMAN,
AGED ABOUT 52 YEARS,
6. SRI.A.V.SRIRAMAN
S/O LATE A VENKATARAMAN
AGED ABOUT 49 YEARS,
BOTH R/AT NO.99 4TH CROSS,
1ST BLOCK EAST,
JAYANAGAR,
BANGALORE-560 011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.1941-1942/2016
BETWEEN
1. SRI A.S.GOVINDEGOWDA,
S/O LATE SANNEGOWDA,
AGED ABOUT 61 YEARS,
NO. 52, BAIRAVESHWARA NILAYA,
HEBBAL - KEMPAPURA,
BANGALORE- 560 024.
3
2. SMT. ASHA NAGARAJ,
W/O T.S. NAGARAJ,
AGED ABOUT 60 YEAR,
NO. 1369M,
6TH MAIN ROAD,
A-BLOCK, SAHAKARANAGARA,
BANGALORE 560 092. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
4TH FLOOR, VIKAS SOUDHA,
BANGALORE 560 001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALROE 560 001.
3. BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE 560020
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE
5. SRI. A.V.RAVI PRAKASH
S/O LATE A.VENKATARAMAN,
AGED ABOUT 52 YEARS,
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN,
AGED ABOUT 49 YEARS,
BOTH R/AT NO. 99,
4TH CROSS, 1ST BLOCK EAST,
4
JAYANAGAR,
BANGALROE 560 011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.3497-3498/2016
BETWEEN
1. SRI. NANDEESHWARAPPA C.,
S/O B.N.CHICKRUDRAPPA,
AGED ABOUT 60 YEARS,
NO 58, RAKRISHNA MUTT ROAD,
ALASURU, BANGALORE - 560 008.
2. SMT.LATHA,
W/O SUBRAMANYA BHAT,
AGED ABOUT 44 YEARS,
NO.102, MUNESHWARA TEMPLE,
40 FEET ROAD, 1ST PHASE,
MANJUNATH NAGAR
RAJAJINAGAR,
BANGALORE - 560 010. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY
DEPARTMENT OF URBAN DEVELOPMENT,
4TH FLOOR, VIKAS SOUDHA,
BANGALORE - 560001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT
VIKAS SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560020,
REP BY ITS COMMISSIONER.
5
4. THE ADDITIONAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 029.
5. SRI A.V.RAVI PRAKASH,
S/O LATE A VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
BOTH R/AT NO 99,
4TH CROSS, 1ST BLOCK EAST,
JAYANAGAR, BANGALORE - 560011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.3499-3500/2016
BETWEEN
1. SRI. M. NAGARAJ
S/O MUNIYAPPA
AGED ABOUT 53 YEARS
NO.6, MUNESHWARA TEMPLE,
NAGAPPA BEEDHI, PALACE GUTTAHALLI,
BANGALORE - 560 003.
2. SRI T.S.MUKUNDA
S/O D.SANJEEVA
AGED ABOUT 42 YEARS
NO 39/1 (118) 6TH CROSS
5TH MAIN ROAD
MALLESHWARAM, BANGALORE - 560 003.
3. SRI CHIKKAIAH
S/O LATE KUNTA SINGARAIAH
AGED ABOUT 43 YEARS
NO 11/25 2ND MAIN ROAD, 5TH CROSS,
BALAJINAGARA,
6
DRC POST,
BANGALORE - 560029. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
4TH FLOOR, VIKASA SOUDHA,
BANGALORE - 560 001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKASA SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER,
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
5. SRI A.V.RAVI PRAKASH
S/O LATE A.VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
BOTH R/AT NO.99,
4TH CROSS, 1ST BLOCK EAST,
JAYANAGAR, BANGALORE - 560011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
7
IN W.P.Nos.3501-3502/2016
BETWEEN
1. SRI S.SATHYAMURTHY,
S/O LATE A.V.SUBBA RAO
C/O S.TYAGARAJ,
AGED ABOUT 44 YEARS
NO 140 CHAMPAKADHAMA
1ST MAIN ROAD, K.G.NAGARA,
BANGALORE - 560 019.
2. SRI M.JAYAKUMAR
S/O MALYASWAMY
AGED ABOUT 53 YEARS
NO 1/1 MUNISWAMAPPA ROAD
LINGAYYANA PALYA,
ALASURU, BANGALORE - 560 008. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
4TH FLOOR, VIKAS SOUDHA,
BANGALORE - 560 001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY
KUMARA PARK WEST EXTENSION
BANGALORE - 560020
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
KUMARA PARK WEST EXTENSION
BANGALORE - 560020,
REP BY ITS COMMISSIONER.
8
5. SRI A.V.RAVI PRAKASH
S/O LATE A VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
R/AT NO 99, 4TH CROSS,
1ST BLOCK, EAST JAYANAGAR,
BANGALORE - 560 011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.3503-3504/2016 & W.P.No.40124/2016
BETWEEN
1. SRI H.R. SIDDEGOWDA
S/O LATE REVAIAH
AGED ABOUT 67 YEARS
NO 148, 4TH B BLOCK, KORAMANGALA
BANGALORE - 560034.
2. SMT. AKTHAR BEGUM
W/O LATE D.GULZAN
AGED ABOUT 60 YEARS
NO 3, 80TH CROSS, MANGAMMANPALYA,
BOMMANAHALLI MAIN ROAD,
BANGALORE - 560068.
3. SMT.NARASAMMA
W/O LATE THIMMAIAH
AGED ABOUT 65 YEARS
NO 1745, 2ND STAGE 2ND BLOCK
RAJAJINAGARA,
BANGALORE - 560 010. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
9
DEPARTMENT OF URBAN DEVELOPMENT
4TH FLOOR, VIKAS SOUDHA,
BANGALORE - 560001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
5. SRI A.V.RAVI PRAKASH
S/O LATE A VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
BOTH R/AT NO 99,
4TH CROSS 1ST BLOCK, EAST JAYANAGAR,
BANGALORE - 560011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.3505-3506/2016
BETWEEN
1. SMT. G.R. HEMA
W/O G.M.ARUNKUMAR,
AGED ABOUT 37 YEARS
NO.46, 3RD FLOOR, 2ND MAIN,
KALYAN NAGAR,
10
NAGARBHAVI MAIN ROAD,
BANGALORE-560 072.
2. SMT SUMA G.R.,
D/O G.S.RUDRA MURTHY,
AGED ABOUT 36 YEARS
NO.3, 2ND FLOOR, 5TH CROSS,
ANUBHAV NAGAR,
NAGARBHAVI MAIN ROAD,
BANGALORE-560 072. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT
4TH FLOOR, VIKAS SOUDHA,
BANGALORE - 560001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
5. SRI A.V.RAVI PRAKASH
S/O LATE A VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
BOTH R/AT NO 99,
11
4TH CROSS 1ST BLOCK,
EAST JAYANAGAR,
BANGALORE - 560011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
IN W.P.Nos.3507-3508/2016 & W.P.No.42429/2017
BETWEEN
1. SRI. M.N. SURESH
S/O NARAYANAPPA,
AGED ABOUT 45 YEARS,
NO. 400, 14TH BLOCK,
ARKAVATHI LAYOUT,
THANISANDRA, BANGALORE - 560 045.
2. SRI N.B.RADHAKRISHNAIAH SETTY
S/O N.BHASKARAIAH,
AGED ABOUT 70 YEARS,
NO.93, 1ST MAIN, KALYAN NAGAR
5TH CROSS, NAGARBHAVI MAIN ROAD,
BANGALORE - 560 072.
3. SRI B.N.RADHAKRISHNA
S/O LATE B.NARASIMHAMURTHY,
AGED ABOUT 59 YEARS,
NO.374, 14TH CROSS,
ARKAVATHI LAYOUT, BDA,
BANGALORE - 560 045. ... PETITIONERS
(By Sri P.M.NARAYANA SWAMY, ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT
4TH FLOOR, VIKAS SOUDHA,
BANGALORE - 560001.
2. THE APPELLATE AUTHORITY AND
ADDITIONAL CHIEF SECRETARY,
12
URBAN DEVELOPMENT DEPARTMENT,
VIKAS SOUDHA,
BANGALORE - 560 001.
3. BANGALORE DEVELOPMENT AUTHORIY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
4. THE ADDITIONAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY,
KUMARA PARK WEST EXTENSION,
BANGALORE - 560 020,
REP BY ITS COMMISSIONER.
5. SRI A.V.RAVI PRAKASH
S/O LATE A VENKATARAMAN
AGED ABOUT 52 YEARS
6. SRI A.V.SRIRAMAN
S/O LATE VENKATARAMAN
AGED ABOUT 49 YEARS
BOTH R/AT NO 99,
4TH CROSS 1ST BLOCK, EAST JAYANAGAR,
BANGALORE - 560011. ... RESPONDENTS
(By Sri VIJAYAKUMAR A.PATIL, AGA FOR R1 & R2;
Sri LOKANATH, ADV. FOR R3 & R4;
Sri SHASHIKIRAN SHETTY, SR.COUNSEL FOR R5 & R6)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
IMPUGNED ORDER OF R2 DATED 08.10.2015 AND ETC.
THESE PETITIONS COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. In these writ petitions, common questions arise for consideration. Hence, all these writ petitions are taken up 13 for consideration together and are disposed of by this common order.
2. Petitioners are allottees of different sites formed in Sy.No.80/2B measuring 3 acres 16 guntas and Sy.No.81/3B measuring 24 guntas, both situated at Thanisandra Village, K.R.Puram Hobli, Bengaluru East Taluk. These lands were notified for acquisition for formation of Arkavathi Layout as per final notification dated 23.02.2004 issued under Section 19(1) of the Bangalore Development Authority Act, 1976 (for short, 'the BDA Act').
3. Land owners namely Sri A.V.Ravi Prakash and Sri A.V.Sriraman - respondents 5 & 6 herein respectively, moved the State Government seeking de-notification of lands in question. The State Government issued a notification under Section 48(1) of the Land Acquisition Act de-notifying the lands on 29.09.2010. By another notification issued on 19.10.2010, the State Government 14 withdrew the notification published under Section 48(1) of the Land Acquisition Act.
4. The land owners challenged the action of the State Government in withdrawing the de-notification by filing W.P.Nos.4730-31/2011. By order dated 14.08.2012. This Court quashed both the notifications i.e., one de-notifying the lands and the subsequent one withdrawing the said de-notification. The State Government was directed to hear all the interested persons and take a fresh decision in the matter.
5. Thereafter, the State Government, having heard all the interested persons, has passed a fresh order on 08.10.2015 as per Annexure-H holding that as possession of lands had not been taken over by the BDA and compensation was not paid to the land owners and acquisition itself was not completed, question of de- notifying and canceling the de-notification did not arise. The State Government also noticed the fact that allotments had been made in respect of sites formed in a portion of 15 the lands in question, out of which four allottees had put up construction, but as the BDA had not followed the due process in making the allotments, allotments made were illegal. Thus, the State Government found that the notification issued under Section 48(1) of the Land Acquisition Act was valid and the subsequent notification withdrawing the notification issued under Section 48(1) of the Land Acquisition Act was illegal. Aggrieved by this order dated 08.10.2015 - Annexure-H, petitioners, who are allottees of various sites formed in the layout and particularly in the lands in question, have approached this Court.
6. I have heard Sri P.N.Narayanaswamy, learned counsel for petitioners, Sri Shashikiran Shetty, learned Senior Counsel appearing for respondent - land owners, Sri Lokanath, learned Counsel appearing for the BDA and as also Sri Vijay Kumar Patil, learned Additional Government Advocate.
16
7. Insofar as challenge to Government Order dated 08.10.2015 - Annexure-H is concerned, a perusal of the same and the background in which the said order came to be passed pursuant to the directions issued by this Court, the findings recorded by the State Government, as borne out from the records, make it very clear that at the time when notification under Section 48(1) of the Land Acquisition Act de-notifying the lands in question from acquisition was withdrawn, BDA had not taken possession of the lands, nor any compensation was paid. Therefore, no exception can be found to the findings recorded by the State Government. The State Government has taken note of these relevant facts and has rightly come to the conclusion that notification issued under Section 48(1) of the Land Acquisition Act de-notifying the lands was legal and justifiable and that there was no justification to withdraw the same.
8. It has to be also noticed that Government has passed the impugned order after hearing all the interested parties. Hence, on merits, it cannot be said that order passed by 17 the State Government vide Annexure-H in any manner gets vitiated. It does not suffer from any infirmity.
9. However, fact remains that even as per the findings recorded by the State Government, the BDA had, having formed a layout, allotted certain sites in favour of all these petitioners. It is in this area, interest of petitioners is required to be protected. Indeed, four petitioners have put up construction in the allotted portion of lands in question. On 05.07.2017, this Court has passed the following order:
"After hearing the matter for sometime and in view of the submission made by Sri L.M.Chidanandayya, learned counsel appearing for land owners - respondents 5 and 6, I deem it appropriate to issue an interim direction to the BDA to place before the Court, details regarding allotment of alternative sites, if any made in favour of the allottees. Ordered accordingly.
Sri L.M.Chidanandayya, learned counsel submits that an affidavit has been already filed before the BDA stating that 18 respondents - owners will not insist for delivery of sites or cancellation of allotments made in favour of allottees who have already constructed buildings on the allotted sites. Hence, he is directed to file an affidavit in this connection before this Court.
List this matter on 24.07.2017."
10. Pursuant to this order, the BDA has filed its affidavit on 20.07.2017. As per the affidavit filed, the allotment made to the respective petitioners is as under:
Name of the petitioner & Sl. Site Nos. Measurement Case No. No. 1 N.Nagabhushana * 375 30 x 40 W.P.No.1939/2016 2 S.Dhanaraj * 356 20 x 30 W.P.No.1940/2016 3 M.N.Suresh * 400 20 x 30 W.P.No.3507/16 4 M.Nagaraj * 361 20 x 30 W.P.No.3499/2016 5 A.S.Govinda Gowda TS 826 30 x 40 W.P.No.1941/2016 6 Asha Nagaraj TS 827 30 x 40 W.P.No.1942/2016 7 C.Nandeeswarappa TS 625 20 x 30 W.P.No.3497/2016 8 Chikkaiah 2439 20 x 30 W.P.No.38205/2016 9 S.Satyamurthy TS 830 30 x 40 W.P.No.3501/2016 19 10 M.Jayakumar TS-451 20 x 30 W.P.No.3502/2016 11 H.R.Siddegowda TS-854 30 x 40 W.P.No.3503/2016 12 Akthar Begum TS-2445 20 x 30 W.P.No.3504/2016 13 Narasamma TS-457 20 x 30 W.P.No.40124/2016 14 B.N.Radhakrishna TS-857 30 x 40 W.P.No.42429/2016 15 N.B.Radhakrishna Shetty TS-804 30 x 40 W.P.No.3508/2016 16 Latha W.P.No.3498/2016 17 T.S.Mukunda Yet to be allotted. File is W.P.No.3500/2016 under process and will be 18 G.R.Hema allotted in due course.W.P.No.3505/2016
19 G.R.Suma W.P.No.3506/2016
11. Learned Counsel for the BDA submits that in respect of such of the allottees/petitioners for whom allotment letters have not yet been issued, steps will be taken to issue allotment letters and put them in actual possession of the sites and the process of allotment would be completed giving top priority. He, therefore, submits that as the interest of the allottees is being taken care by the BDA, the writ petitions may be disposed of placing the affidavit and the submission on record.
20
12. Learned Counsel for the BDA files a memo bringing to the notice of the Court that there has been a typographical error in the affidavit filed on 20.07.2017, in as much as, at paragraph 5 of the affidavit, it has been wrongly stated that M.Nagaraj had been allotted site No.361 and alternate site would be allotted in due course, instead of stating that the said M.Nagaraj had already constructed a house. Similarly, in paragraph 9 of the affidavit, it has stated that N.B.Radhakrishna Shetty has already constructed the house, but he has not put up construction and he has been now allotted with an alternate site bearing No.TS-804. Memo is placed on record.
13. In so far as the four persons - petitioners in W.P.Nos.1939/2016, 1940/2016, 3507/2016 & 3499/2016 who have put up construction in the sites allotted to them, the owners of the land have filed affidavit dated 19.07.2017 stating that they will not disturb their possession and will not claim any right against the said 21 allottees in respect of the sites allotted. The land owners are at liberty to work out the remedy to claim compensation against the BDA in so far as the said four sites where houses are constructed by the allottees.
14. In so far as the six allottees - petitioners in W.P.Nos.1941/2016, 1942/2016, 3501/2016, 3503/2016, 42429/2016 & 3508/2016, who have been allotted 30' x 40' sites as detailed in the table above, learned Counsel for the petitioners submits that some of them have not been communicated with the allotment letters. He also expresses anxiety that owners of the lands out of which the said sites are carved out, may institute litigation and eventually allottees may be put to loss and subjected to uncertainties regarding enjoyment of their sites.
15. In view of the aforesaid apprehension expressed, it is made clear that it is the responsibility of the BDA to ensure that these five petitioners are put in possession of the sites allotted, by removing all encumbrances. If any site allotted or to be allotted is found to be under litigation, 22 BDA has to immediately take steps to allot alternate sites which is free from any litigation and complication.
16. In so far as the five allottees - petitioners in W.P.Nos.3497/2016, 38205/2016, 3502/2016, 3504/2016 & 40124/2016, who are allotted with 20' x 30' sites as detailed in the table herein above, the same direction shall be applicable and the BDA shall ensure that they are put in possession of the sites allotted to them free from all encumbrances and also ensure that the sites are free from all litigations. Even in respect of these sites, learned Counsel for petitioners expresses apprehension that they are not free from litigation. If that is so, BDA is directed to ensure that sites free from litigation are allotted from out of the same layout and they are put in possession of the same.
17. As regards the last category of allottees - petitioners in W.P.Nos.3498/2016, 3500/2016, 3505/2016 & 3506/2016, who are proposed to be allotted 20' x 30' sites, BDA is directed to take immediate steps to issue allotment 23 letters and put them in possession after ensuring that proposed sites to be allotted are free from encumbrances and litigation. If there is any doubt with regard to the said sites being free from litigation, BDA shall immediately take steps to identify other suitable sites and allot the same to these petitioners.
18. The entire exercise of putting the petitioners in possession of the sites already allotted and to be allotted by identifying the sites which are free from encumbrances, shall be done by the BDA within a period of three months from the date of receipt of a copy of this order. The BDA shall not collect any charges towards the value of the sites on any pretext or ground. The sale deeds shall be executed in favour of each one of the petitioners within a period of two months thereafter. Thus, the entire process has to be completed within an outer limit of five months from the date of receipt of a copy of this order.
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19. With the above observations, these writ petitions are disposed of affirming the order dated 08.10.2015 passed by the State Government at Annexure-H.
20. In the light of the disposal of the writ petitions affirming the order dated 08.10.2015 passed by the State Government, the interim order dated 18.11.2016 passed in W.P.Nos.3499-3500/2016 stands vacated. IA-1/2017 filed in this regard in the said writ petition is accordingly disposed of.
Sd/-
JUDGE PKS/KK