Karnataka High Court
Sri C Basavarajaiah vs The State Of Karnataka on 19 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 1678
Author: Vineet Kothari
Bench: Vineet Kothari
1/15
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2018
BEFORE
THE HON' BLE DR. JUSTICE VINEET KOTHARI
W.P.NOs.56703-705/2013 (LA-BDA)
BETWEEN:
1. SRI. C. BASAVARAJAIAH
S/O LATE PUTTAIHA
AGED ABOUT 85 YEARS
R/AT. ULLALU VILLAGE
YESHAVANTHAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 056.
2. SRI. B. ANIL KUMAR
S/O SRI. C. BASAVARAJAIAH
AGED ABOUT 43 YEARS
R/AT. ULLALU VILLAGE
YESHAVANTHAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 056.
3. SMT. NAGARATHNA
D/O SRI. C. BASAVARAJAIAH
AGED ABOUT 36 YEARS
R/AT. ULLALU VILLAGE
YESHAVANTHAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 056.
4. SMT. SARVAMANGALA
W/O SRI. G. MANI @ SIDDARAJU
AGED ABOUT 35 YEARS
R/AT. ULLALU VILLAGE
YESHAVANTHAPURA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 056.
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013
Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
2/15
5. SRI. A. MOHAN DAS BHANDARI
S/O LATE SRI. A.L. BHANDARI
AGED ABOUT 63 YEARS
R/AT. No.722, 13TH "B" CROSS ROAD
CHANDRA LAYOUT, BANGALORE-560 072.
... PETITIONERS
(By Mr. C. PRAKASH, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP BY THE UNDER SECRETARY
URBAN DEVELOPMENT DEPARTMENT
M.S.BUILDING, BANGALORE-560 001.
2. THE COMMISSIONER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD
KUMARA PARK EAST, BANGALORE-560 005.
3. THE SPECIAL LAND ACQUISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T. CHOWDAIAH ROAD, KUMARA PARK WEST
BANGALORE-560 020.
... RESPONDENTS
(BY Mr. DILDAR SHIRALLI, HCGP FOR R1
Mr. MANJUNATH, ADV., FOR
Mr. BIPIN HEGDE, ADV., FOR R2 & R3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE PRELIMINARY NOTIFICATION DT:15-4-2002
ISSUED BY THE R-1 AS PER ANNX-D IN SO FAR AS THE
SCHEDULED LAND IS CONCERNED & ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013
Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
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ORDER
Mr. C. Prakash, Adv. for Petitioners Mr. Dildar Shiralli, HCGP for R-1 Mr. Manjunath, Adv. for Mr. Bipin Hegde, Adv., R2 and R3 The petitioner-Sri C.Basavarajaiah and four others have filed these writ petitions in this Court on 12.12.2013 with the following prayers:
"(i) Quashing the preliminary
notification in No.BDA/COMMR/DC (LA)
ALAO/09/2002-03, DATED 15-04-2002
issued by the first respondent as per
Annexure-D, in so far as the scheduled land is concerned.
(ii) Consequently quashing the final notification in No.UDD 654 MNX 2002 Bangalore dated 31-10-2002 issued by the 1st respondent as per Annexure-F, in so far as the scheduled land is concerned.
(iii) Quashing the notices dated 3-12-2013, Nos. BDA/AEE-1(West )/T-393 / 2013-14, issued by the 2nd respondent vide Annexure N, P, Q and R. Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
4/15(iv) Grant such other reliefs as reliefs that may be found fit in the instant case, in the interest of justice and equity.
PRAYER FOR INTERIM RELIEF
27) Pending disposal of the writ petitions, the petitioners pray that this Hon'ble Court be pleased to stay the operation of the impugned notifications at Annexure-D - No. BDA /COMMR /DC (LA) ALAO / 09 / 2002-2003 Dated 15.04.2002 and Annexure-F - No.UDD 654 MNX 2002, Bangalore, dated 31.10.2002 as also the impugned notices at Annexure N, P, Q and R - No.BDA/AEE- 1(WEST)-T 393/2013-14 dated 3.12.2013 in the interest of justice and equity.
SCHEDULE The land bearing Sy.No.155/2 measuring 0-10 Guntas situated at Ullalu village, Yeshvanthapura Hobli, Bangalore North Taluk which bounded as follows:
East by : Remaining portion of the land and attached to the said land Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.5/15
West by : land bearing survey No-157 and village, North by : Land bearing Sy.No.155/1 and Gramatana, South by : Land bearing Sy.No.155/3 and 155/4 of the village.
Bangalore Sd/-
Date 12.12.2013 Advocate for petitioner"
2. Upon issuance of notices, the Respondents-
BDA have filed their Statement of Objections in this Court on 15.09.2014 with the following averments made in paras-4 and 5 of the Statement of Objections, which are quoted below for ready reference:
"4. It is submitted that these respondents approved the Development Scheme and notified to acquire the lands in and around the village Ullalu for formation of Sir.M.Visweswaraiah Layout.Thereafter, the respondents No.2 and 3
notified the Scheme and acquired the lands situated at Ullalu village and other villages Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.6/15
through Preliminary Notification No. BDA/COMMR/DC (LA) ALAO /09/2002-03, dated 15-04-2002. In the preliminary notification an extent of 31 guntas including 0-01 guntas of Kharab in Sy.No.155/2 of Ullalu village was also notified for formation Sir .M.Visweswaraiah Layout. In furtherance thereof, the respondents 2 and 3 notified the claim and acquired lands situated at Ullalu and other villages as per preliminary notification dated 15/04/2002. The copy of the preliminary notification issued by the respondents is produced by the petitioner as Annexure-D. In the preliminary notification, the respondents have proposed to acquire the land to the extent of total measuring 708 acres. The notification in respect of Sy.No.155/2 was issued in the name of C.Basavarajaiah who was the khathedar. Subsequently, on 31.10.2002, the final notification under Section 19(1) of BDA Act, a copy of the final notification is produced by the petitioner as Annexure-F. The respondents herein further submits that subsequently the respondent BDA has Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.7/15
acquired 10 guntas of land and passed an award of Rs.01,49,631/- (rupees one Lakh forty nine thousand six hundred and thirty one only) for an extent of 10 guntas out of 31 guntas in the said Sy.No.155/2 on 18/12/2002 and the same has been deposited in the name of C.Basavarajaiah who is the khathedar of the said Survey Number 155/2.
5. The respondent herein further states that after complying with the requirements of the BDA Act and Rules, the above lands were notified for acquisition and as on today, the award has been passed and possession has been taken over by the BDA and handed over to the Engg. Section on 20/01/2003. Further, there is substantial implementation of the scheme within 5 years from the date of publication in the Official Gazzette. The true copy of the Mahazar, Award and Notification issued under Section-16(2) is herewith produced and marked as Annexures-R1, R2 & R3."
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
8/153. Learned counsel for the petitioners urged before the Court that vide Annexure-M - copy of the Layout plan prepared by the Respondent-BDA on 02.12.2009, the land in question of the petitioner No.1
- Sri C.Basavarajaiah in Sy.No.155/2 of the Ullalu Village, Yeshavanthapura Hobli, Bengaluru North Taluk, was not a part of the Scheme to be developed by the Respondent-BDA known as "Sir M.Visweswaraiah Layout" and therefore, the proceedings of the land acquisition should be deemed to have lapsed. He, further submitted that the Scheme has not been substantially implemented U/s.27 of the BDA Act, 1976 even by now and therefore, the petitioners are deemed to be in possession of the land in question and therefore, the writ petitions deserves to be allowed and the land in question should be restored to the petitioners.
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
9/154. On the other hand, learned counsel for the Respondents-BDA relies upon a decision of the learned Single Judge of this Court (Hon'ble Justice Mohan Shantanagoudar, J. as his Lordships then was) in the case C.V.Shantha vs. State of Karnataka (2006) 5 KLJ 361 decided on 06.06.2006 and submitted that the learned Single Judge had upheld the land acquisition for the development of the said Layout in a Scheme framed by the Respondents-BDA for "Further Extension of Sir M.Visweshwaraiah Layout". The learned Single Judge of this Court in para-55 of the said Judgment has held as under:
"55. The challenge to the acquisition in all these writ petitions fails and it is accordingly rejected. The acquisition proceedings are upheld, subject to the following conditions:
(A) The petitioners who are all the owners of sites in question (not duly converted for non-
agricultural use in accordance with law) Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
10/15which are acquired are entitled to the following relief:-
(i) These petitioners shall register themselves as applicants for allotment of sites under the Bangalore Development Authority (Allotment of Sites) Rules, 1984, within a period of two months from today (extendable by another one month by BDA, if sufficient cause is shown). Petitioners will have to pay only the registration fee. They need not pay initial deposit as their sites have been acquired and they are not entitled to receive compensation in regard to the sites under this arrangement.
(ii) The petitioners shall file applications for allotment of sites to BDA within three months from today, in the prescribed form stating that they are applicants who were the petitioners in these writ petitions. Petitioners shall file their documents with BDA along with the application to verify the same.
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
11/15(iii) BDA will treat them as applicants entitled to priority in allotment and allot each of them a site measuring 30' x 40' in "Further Extension of Banashankari 6th phase" or in any other nearby layouts in Bangalore at the prevailing allotment prices subject to petitioners satisfying the twin requirements for allotment under the Bangalore Development Authority (Allotment of Sites) Rules, 1984, that they must be the residents of Bangalore (ten years domicile) and should not be owning any residential property in Bangalore.
(iv) If there are no rival claimants for compensation in regard to the plots claimed by the petitioners, and if the ownership of the petitioners in regard to their respective sites which have been acquired is not disputed, BDA shall calculate the compensation payable to the petitioners and give credit to the same by adjusting the same towards the allotment price for the site to be Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
12/15allotted and call upon the petitioners to pay the balance. Petitioners shall be given six months time for making payment (to enable petitioners to know the amount of compensation, which they will be entitled and to ascertain how much balance they should pay).
(v) If there are rival claimants in regard to the survey numbers or the sites or if any petitioners' title in regard to the sites are challenged, BDA shall make a reference in regard to the compensation in regard to such site/land in question, to the Civil Court under Section 30 of the Land Acquisition Act, 1894, and the petitioners will have to sort out the matter before the Reference Court. In that event, such petitioners will have to pay the full allotment price within the time stipulated, without seeking adjustment of compensation for the acquired site.
(vi) If any of the petitioners does not fulfill the requirements for allotment, Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
13/15under the allotment Rules, their cases may be considered for allotment of 20' x 30' sites as per the Rules containing incentive scheme for voluntary surrender of land. For the purpose of the said scheme, such petitioners will be deemed to have voluntarily surrendered the sites.
(vii) The above scheme will be available to only those who are owners, as a consequence of execution of registered sale deeds in their favour prior to the date of preliminary notification (and not to GPA/Agreement Holders).
(viii) The Authorities shall also consider whether these petitioners have purchased the sites by way of investment or with the intention of having a roof over their head and based on the said consideration, to pass appropriate orders, in the light of the observations made in this order."
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
14/155. The learned counsel for the Respondents-
BDA has also drawn the attention of this Court the Documents-R1 to R3 produced along with the Statement of Objections, which clearly shows that the possession of the land bearing Sy.No.155/2 in question was taken over by the Respondents-BDA on 20.01.2003. The Award was passed on 10.12.2002.
The said Documents-R1 to R3 produced by the Respondents-BDA, the petitioners have not controverted these documents and the Statement of Objections, with any contrary evidence before this Court.
6. In view of this, this Court is of the opinion that the land acquisition proceedings in the present case for the entire Scheme including Sy.No.155/2 in question of the petitioner No.1 has stood concluded long ago in 2002-03 vide documents-R1 to R3 produced before this Court along with the Statement of Objections.
Date of Order: 19-04-2018 W.P.Nos.56703-705/2013 Sri. C. Basavarajaiah & Ors. Vs. The State of Karnataka & Ors.
15/157. The contention of the learned counsel for the petitioners that in approved Layout plan Annexure-M, land bearing Sy.No.155/2 was not included under the Scheme is not borne out even from the Layout plan itself and in any case, it stands controverted by the other documents produced with the Statement of Objections filed by the Respondents-BDA.
8. In this view of the matter, there is no merit in the present writ petitions and the same are liable to be dismissed and are accordingly dismissed. No costs.
Sd/-
JUDGE TL