Karnataka High Court
Sri Chandrappa @ Chandregowda vs Government Of Karnataka on 23 June, 2015
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE 2015
BEFORE
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION No.16428/2015 &
WP. NOS. 24596-24597 OF 2015 (LA-BDA)
BETWEEN:
SRI. CHANDRAPPA @ CHANDREGOWDA
S/O LATE MUNISWAMAPPA
AGED ABOUT 58 YEARS
RESIDING AT NO. 536, 3RD CROSS
J.V.V WEST GATE
HRBR LAYOUT
BENGALURU-560084.
... PETITIONER
(By Sri. JANARDHANA G, ADV.,)
AND:
1. GOVERNMENT OF KARNATAKA
MINISTRY OF HOUSING AND URBAN
DEVELOPMENT DEPARTMENT
REPRESENTED BY ITS SECRETARY
M.S BUILDING
BENGALURU-560001.
2. THE BENGALURU DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
CHOWDIAHA ROAD
KUMARA PARK WEST
BENGALURU-560020.
... RESPONDENTS
(By Sri.Y.D. HARSHA, AGA.,)
2
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO ALLOT LAND
TOTALLY ENSURING 1415 SQ.MTS. CONSISTING OF 3 ODD
SITES IN SY. NO. 109/2, SITUATED AT CHELAKERE
VILLAGE, K.R. PURAM, BENGALURU i.e. THE SCHEDULE
PROPERTIES AND CONVEY THE SAME BY EXECUTING A
SALE DEED IN THE NAME OF THE PETITIONER AND
FURTHER DIRECT THEM NOT TO DISPOSSESS THE
PETITIONER FROM THE SAME & ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
These are frivolous petitions which deserve to be dismissed with extraordinary cost. A land looser having given up his right, title and interest over 3 acres 27 guntas of land in Sy.No.109/2 situated at Chelakere village, K.R.Puram, Bengaluru, for a public purpose pursuant to a preliminary and final notification of the year 1977 and 1980, followed by an award passed in the year 1982 and possession taken by the respondent/ Bangalore Development Authority ('BDA' for short), has presented these petitions for the following reliefs:
(a) Issue a writ of mandamus directing the respondents to allot land totally measuring 3 1415 sq. mtrs. consisting of 3 odd sites in Sy.No.109/2, situated at Chelakere village, K.R.Puram, Bengaluru, i.e., the schedule properties and convey the same by executing a sale deed in the name of the petitioner and further direct them not to dispossess the petitioner from the same;
(b) Grant any other writ, order or direction as this Hon'ble Court deems fit to grant to the petitioner in the circumstances of the case.
2. It is the assertion of learned counsel for petitioner that the State Government in the letter dated 03.07.1986, Annexure-C, said to be a response to the then Commissioner, BDA, on a subject of denotification of land in Sy.No.109/2 in favour of one Muniswamappa, was directed to convey approval of the government to transfer 3 odd sites totally measuring 1415 sq. mtres in Sy.No.109/2 of Chelakere in favour of Muniswamappa as partial compensation of the land lost. It is the further assertion of the petitioner that his father instituted O.S.No.3997/1993 before the Additional City Civil Judge arraigning BDA as a party defendant for the relief of injunction to restrain BDA from interfering with 4 his peaceful possession of 3 acres 27 guntas of land in Sy.No.109/2. In that suit, it was asserted that he had retained a portion of the land and had requested the State Government to denotify that portion to the extent of 1415 sq. mtrs. apart from the buildings in question.
3. In addition, it was stated that Government of Karnataka allowed plaintiff to have 1415 sq.mtrs. of land in lieu of compensation apart from buildings which were constructed. That suit was dismissed as withdrawn on the basis of a memo filed by the petitioner/plaintiff. Petitioner represented by his GPA holder is said to have instituted O.S. No. 26267 of 2013 pending before the City Civil Judge at Bengaluru for injunctory reliefs arraigning BDA as a party defendant in respect of immovable property bearing No.500 katha No.618/109/2 of Chelakere village, Kalyana Nagar, Bengaluru-560 043, also known as Kammanahalli main road, H.R.B.R. Layout, Bengaluru, measuring 60 feet East West, 40 ft North West measuring 2400 sq.ft. That suit was opposed by filing written statement inter-alia 5 contending that the entire extent of 3 acres 27 guntas in Sy.No.109/2 was acquired by BDA and that plaintiff had no right, title or interest over the said property. The defendant denied the assertions of having paid house list tax assessment for the Bangalore Zilla Panchayath and thereafter to the BBMP, muchless over the several other transactions alienating the suit schedule properties by way of gift deed and execution of general power of attorney. In addition, it was asserted that sites formed in the lay out were allotted to persons who had sought allotment. That suit is said to be pending. According to the petitioner, interim order of status quo is in force in that suit.
4. In the memorandum of writ petition, it is asserted that since State Government decided to allot three odd sites to the petitioner in the said Sy.No. and had directed BDA to reconvey the same, i.e., the writ petition schedule properties, was accepted by the 2nd respondent/BDA and resolution passed to forward the files to the reallotment Section for reconveyance and 6 since there was no response from the BDA, hence the petition.
5. To the first question of this Court as to how petitioner came into possession of three odd sites, since what was acquired was agricultural lands, learned counsel submits that petitioner "continued" in possession. To the next question that after the formation of the layout by the BDA whether sites with their numbers were allotted, learned counsel submits that petitioner "continued" in possession of the sites. To the next question as to what is the power and the source of exercise of jurisdiction by the State Government to direct the allotment of three odd sites totally measuring 1415 sq. mtrs. in Sy.No.109/2 in favour of Muniswamappa as and by way of partial compensation as indicated in letter dated 03.07.1986, Annexure-C, learned counsel seeks time. Neither under the Land Acquisition Act, 1894 nor BDA Act, 1976 and Rules framed thereunder invest such a jurisdiction in the State Government. More over, letter dated 7 03.07.1986, Annexure-C, does not describe and identify the three sites by way of numbers assigned in the scheme and the layout formed by the BDA. To another question of this Court as to how BBMP issued Form-B Property Register Extract, Annexure-L, specifying a particular site number, learned counsel submits that the same was done at the behest of the petitioner.
6. From what is notice supra, it is evident that the State Government is not invested with the jurisdiction to hive off 1415 sq.mtrs. of land being three odd sites in Sy.No.109/2 towards partial compensation of land lost, well otherwise that order is not forthcoming, the letter, dated 03.07.1986, Annexure-C conveys the direction of the Government. It is not known as to who put petitioner in possession of the land, since land acquired by BDA was agricultural land whereafterwards sites were formed. It is also not known as to what are the site numbers that were sought to be allotted to the petitioner as conveyed in the letter dated 03.07.1986, Annexure-C. There is no resolution of the 8 BDA specifying the site numbers which are to be allotted to the petitioner. In short, no sites are allotted to the petitioner. In the absence of such an allotment, petitioner cannot claim as a matter of right that he has acquired legal right, title and interest over the petition schedule properties. Petitioner has failed to make out an existing legal right or a contra obligation of the respondent BDA.
7. In the circumstances, prayer in the writ petitions to direct the respondents to allot sites, more appropriately petition schedule sites, does not arise. Until and unless BDA takes a decision to allot sites which are available, there is no question of petitioner compelling BDA to allot sites of his choice, more appropriately, the petition schedule sites. Hence, no writ of mandamus lies in the manner as prayed for in the petitions. Petitions rejected.
Sd/-
JUDGE kcm