Karnataka High Court
M/S Sky Line Builtech Private Limited vs State Of Karnataka on 24 February, 2012
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 24™ DAY OF FEBRUARY 20] Qs BEFORE WRIT PETITION NO. 9723 OF sodsianal BETWEEN M/S SKY LINE BUILTECH PRIVATE LIMITED. A COMPANY INCORPORATED UNDER THE | _ PROVISIONS OF THE COMPANIES ACT, 1956°_ HAVING ITS OFFICE AT NO 804,. QUEENS CORNER APARTMENTS NO 3, QUEENS ROAD, BANGALORE -Q1- REP BY ITS ADMINIST PRATIVIE CONSUL ANT AND AUTHORIZED SIGN ATORY. ; SHRI UNNIKRISHNAN: AGED ABOU rv YEARS (By Sri B M''ARUN, ADVOCATE)... = AND | J. STAN' TE OF KARNATAKA "BY ITS SECRETARY . HOUSING.AND URBAN DEVELOPMENT ». ~ DEPARTMENT, MULTISTORIED BUILDING oe BR. AMBEDKAR VEEDHI 'BANGALORE'01 BANGALO RE DEVELOPMENT AUTHORITY - ".. KUMARA PARK WEST. SANKEY ROAD a BANGALORE, BY ITS COMMISSIONER pyd hn .. PETTTIONER Lusk § bo ' AMARJYOTHI HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED, A HOUSE BUILDING CO-OPERATIVE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING ITS OFFICER AT III FLOOR, LAKSHMI COMPLEX, OPPOSITE VANI VILAS HOSPITAL, NO.40, K.R.ROAD BANGALORE SMT SUNITHI AGED ABOUT 39 YEARS WIFE OF SHRI A B DEEPAK | 7 R/AT NO 7, 2ND CROSS, 11TH MAIN V BLOCK, RAJAJINAGAR mo BANGALORE-10 : SMT LEELAVATHI AGED ABOUT 4] YEARS oo WIFE OF NOT KNOWN TO THE PETITIONER R/AT NO 424, 0 oo 4TH CROSS, WILSON G GAB DEN ., BANGALCRE- 27. : - : SHRI KRISHNAMU! RTHY., AGED ABOUT 45. YEARS © SON OF NOT KNOWN 'TO THE PETITIONER R/AT NO 279, i0TH CROSS; WILSON GARDEN BANGALORE 27 MRS MARIA KUT 1 y WIFE:OF MR P V JOPSEPH _- AGED ABOUT 55 YEARS NO 19, I CROSS, 5TH MAIN, LS SHASTRINAGAR, HAL POST ~ BANGALORE:17 SHRI G SAI SATYANARAYANA RAJU . SON OF SHRI G V RAMU RAJU. _ AGED ABOUT 43 YEARS _ MILLENIUM RESIDENCY, 2-2-18/48 pd AMBERPET, HYDERABAD, ALSO AT 7084 WILDERNESS CIRCLE, SAN JOSE CA 95135 UNTTED STATES OF AMERICA 9, M/S S H PROPERTIES PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 . HAVING ITS REGISTERED OFFICE AT a "S H SHREYA", NO 5, 3RD FLOOR, / RING ROAD, DOMLUR, BANGALORE-7 1~- iO, MS BN GEETHA D/OF B NARAYANA GOWDA -- AGE (NOT KNOWN TO THE PET! TONER) R/AT NO 657, II] BLOCK 16TH CROSS, RAJAJINAGAR BANGALORE. 10. ms if. THE STATE OF KARNATAKA: REVENUE DEPARTMENT ~: REP.BY ITS SECRETARY. | " eo .. RESPONDENTS (By Sri: TP SRINIVASA, HCGP FOR.R1 RAVI G SABHAHI*T, ADVOCATE FOR R2 AS NANJUNDAPPA, ADVOCATE FOR R3 AS MAHESH, ADVOCATE FOR R4 ASHOK. N NAYAK, ADVOCAT 'E FOR R5 & 6 JOSE SABASTIAN, ADVOCATE FOR R7 KN. PHANIMDRA, ADVOCATE FOR R8} 'HIS "PETITION FILED UNDER ARTICLES 226 & 227 OF "THE CONSTITUTICN OF INDIA PRAYING TO DIRECT THE R2 TO A MODIFY. THE MODIFIED LAYOUT PLAN ISSUED BY IT VIDE DT. -12:91.1983. AND ANY SUBSEQUENT MODIFICATIONS, IN FAVOUR OF THE R3 SOCIETY, IN RESPECT OF SY.NOS. 57 TO a 82 OF DOMLUR VILLAGE, KASABA HOBLI, BANGALORE NORTH ALUK, BANGALORE, VIDE ANX-N THEREBY INCORPORATING . 7 NEC ES SSARY CORRECTIONS AND INDICATING THE ACTUAL ROUEN LOU i EXTENT OF THE LAND ie., 09 GUNTAS (OUT OF 13 AND HALF GUNTAS ACQUALLY ACQUIRED) TO WHICH THE LAYOUT.1S APPROVED IN FAVOUR OF THE R3 IN A PORTION, OF. SY.NO.58/2; AND ETC. ma THIS W.P. IS COMING ON FOR HEARING THIS DAY. THE . - COURT MADE THE FOLLOWING: ORDER
This petition is filed for tine following reliefs: :
a) Writ of mandamus directing the gnet respondent to a modify the modified Layout plan issued by it vide BDA/TPM/93/PLC/S51- A/R2- 83 dated 12.01, 1983. and: am y Subsequent) modifications, in favour "of the. 374 "respondent Society, in respect. of SY. Nos. 57 to By of Domlur Village, ixasaba' ~ Hobli,. Bangalore North Taluk, Bangalore, a vide -- Annexure-N, thereby incorporating : : necessary corrections and oe indicating the actual extent of the land i.e., 09 guntas. (out of 13 % guntas actually acquired)
- to which ihe layout is approved in favour of the Or respondent in a portion of Sy.No.58/2.
b) Issue such other order/s that this Hon'ble Court deems fit and proper in the facts and "96. guntas. The State for and on behalf of the 3"
circumstances of the case, in the interest of justice and equity."
2. Petitioner asserts that land bearing Sy:No.58/2 of Domlur village, Civil Area Hobiiy Bangalore. North, Taluk, Bangalore District, "measures: 7 _acre 3. guntas(including kharab) originally belonged Yo "the family of Jingirappa and. after "his death the-revenue records were transferred into ihe name. of his widow Yeramma, whence. & portion "measuring 12 % guntas was sold in faveur of Mubishamappa, s/o Patel Papi Reddy, who itt turn executed 4 sale deed dt. 23.1.1960 conveying the property in favour of M.Narayana Reddy. The remaining exterit of 30 Ye guntas, it is said, was "retained by the family of late Jinjirappa and entries in the ~ revenue © records accordingly incorporated.
According-to, the petitioner sy.No.58 measured 7 acres respondent - House Building Cooperative Society, in exercise of eminent domain power, by issuing a.
preliminary notification published in the Karnataka».
Gazette dt.31.12.1981 and final notificaticn published in Karnataka Gazette on 14.10/1982,-- acquired is* guntas from out of Sy.No.58/2:. following which 'by © notification under Section 16(2} issixed oni-22.5.1996 took possession of 13 Ve guntas in View of 16 guntas. The office of the Special Land Acquisition Officer prepared a sketch which demarcated an extent of 13 4% guntas acquired in favour-of society, while measuring 29 guntas belonging wo the original land owners which was noz.acauirea.
. 3. In addition it is stated that the 274 defendant preodsed to'formran Intermediate Ring Road connecting Koramangala extension with Airport and acquired land "measuring 9 guntas in Sy.No.58/2 of which 4 '4 gunats RUMEN a belong to both the land owners and 4 % guntas from out of the lands acquired for the 3" respondent-society., and prepared a sketch. If is further stated na fat ie a' demarcation of the remaining land elon sing to them in' Sy.No.58/2, when notices issued to 'the adjacent land owners including the 2"¢ and 3H*respondents and the Defence Authorities, who 'own lands in Sy.No.59. led to survey, and demarcation in the prosener of all parties. whereafterwards: land in. sy No.5 8/ 2. belonging to late Naray ana Reddy intadig khara b) was renumbered as Sy.No.58/1 10, and. the "Saini portion of land belonging to tate _Mivnivsbsi as 58/10. It is stated that eut of te total extent-of 1 acre 3 guntas in sy.No.58/2 an' extent. of 25: guntas belonged to the land owners, white 9 guntas was acquired for the 3 respondent and : 8 guntas for formation of the ring road. The further ~ averments in the memorandum of writ petition SUA NSS GGUS a a 4 _R-
discloses that the Bangalore Mahanagara Palike recognised the title of the original land owners and. issued Katha for the properties following which 'the son of Jinjirappa and another Narayana Reddy sold" 13 guntas and 12 guntas, respectively. bélonging to them"
totally measuring 25 guntas in favour-of che petitioner under two different sale. deeds. executed om-10.1.2008 and the City Corporation clubbed / the two sites numbered as 7 and 8 as one site bearing Site No.7 and transferred katha in-to the name of the petitioner over which taxes are paid. Since the -petitioner intended to put up a building, 'for a hospital permission was obtained for 'change of iend use from residential to "commercial under the Karnataka Town and Country Planning Act, 1961 while the project approved by the Single Window Clearance Committee under the "Karnataka Facilitation Act.
9.
4. It is the allegation of the petitioner that when things stood thus, respondents 4 and 6 instituted Os. Nos.6957 /2007 before the City Civil Judge and obtained a - an exparte temporary injunction, restraining the | petitioners from interfering with their possession 'of : site * No.86 in the layout formed by the sotiety pursuant t «6 sanction of a modified layout pln in Sy. No. 57 to. 82 of Domlur village. Petitioner arraigned, as defendant therein, entered appearence, fllecawritten, statement and an application to. vaciate ihe jntérim order of injunction whence petitioner stated that it had no right or title to 13 % gunitas in Sy. No | 58/2 12 7 : acquired in favour of the 3r¢ respondent society 1 me the south of its property. 'Resporident . No. 7°-too is said to have instituted "0.8.2687 72) 20 (007 and 27043/2007 for permanent injunction, avrdigning the petitioner as defendant in "respect "of site bearing No.87 formed in portion of = Sy. No. 58/2 by the 3" respondent.-10-
5. It is further stated that 3™¢ respondent sociccy instituted O.S.6371/98 before the City Civil, Court, 7 Bangalore arraigning the Defence Authorities." for, permanent injunction, which was dismissed. by Judgment and decree dt. 7 12.2006 xecording.a finding:
that the society had no right over lands inl Sy:No.59. :
6. Petition is opposed. by filing statement of objections of respondents 2, 3, 5.6.7 and 8, separately, interalia, coritending. that, "the writ 'petition is not maintainabie: aid thint disputed questions of fact having emanated requires. a, trial, before the Civil Court in a duly instituted suit.
7. A perusal of the statement of objections of the responderits. clearly indicate denial of the averments set out in the memorandum of writ petition. T herefore, it is apparent from the relative positions taken by the parties that there is considerable dispute in regard to the material facts and that the dispute is of a nature whieh.
cannot be conveniently adjudicated in this writ. petition. oo It is a dispute which it seems to me_is more appropriate for adjudication by the Civil Court and therefore, 1° decline to interfere.
8. Petition is accordingly disrnisséd. The order of Status-quo dt. 18.7.2008. is. continied: for a further period of two months within which timfre-the petitioner is reserved liberty to 'institute a.suit before the competent Civil Court. 7 ' ce oy :
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