Karnataka High Court
Sri.M S Basavaraju vs The Special Land Acquisition Officer on 13 June, 2019
Author: Alok Aradhe
Bench: Alok Aradhe
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13Th DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE ALOK ARADHE
WRIT PETITION NOS.14831-14862 OF 2017(LA-KIADB)
C/W
WRIT PETITION NOS.8908-8911 OF 2018(LA-RES)
IN WP.NOS.14831-14862 OF 2017:
BETWEEN:
1. SRI M.S.BASAVARAJU
S/O.LATE SIDDABASAPPA
AGED ABOUT 79 YEARS
R/AT NO.188
5TH CROSS, 2ND STAGE
KHB COLONY
BASAVESHWARA NAGAR
BANGALORE-560 079
2. SRI B.GOVINDARAJ
S/O. BABU NARASIMHAN
AGED ABOUT 52 YEARS
R/AT NO.T-2, SAI CHINNAS ENCLAVE
3RD FLOOR, B NANDAVANA STREET
JOGAPALYA, HALASUR
BENGALURU-560 008
3. SMT.BRUNDAMMA
W/O.VARADAPPA
AGED ABOUT 55 YEARS
R/AT NO.51, 4TH MAIN
SHANKARANAGARA
NANDHINI LAYOUT
BENGALURU-560 096
4. SMT.GEETHA KUMARI
2
W/O. VISHNU P. SHETTY
AGED ABOUT 50 YEARS
R/AT NO.252, 3RD CROSS
LRDE LAYOUT, KARTHIK NAGAR
BENGALURU-560 037
5. SRI T.RAVI
S/O. B.M.THIPPESWAMY
AGED ABOUT 47 YEARS
R/AT NO.50, NHCS LAYOUT
BASAVESHWARANAGAR
BENGALURU-560 079
6. T.P.NAGARATHNA
W/O. T.S.RENUKARADYA
AGED ABOUT 67 YEARS
R/AT NO.36/D, 1ST CROSS
VINAYAKA LAYOUT
NAGARABAVI
9TH BLOCK, 2ND STAGE
BENGALURU-560 072
7. SRI MANJUNATH N.
S/O. PARAMESHWARA
AGED ABOUT 45 YEARS
R/AT NO.378, 3RD MAIN
PARVATHI SADANA, 7TH CROSS
DOMMALUR LAYOUT
BENGALURU-560 071
8. SRI RAMTILAK V.S.
S/O. LATE V.S.SRINIVASAN
AGED ABOUT 65 YEARS
R/AT NO.46, 4TH CROSS
MALLESWARAM
BENGALURU-560 003
9. SRI KARTHIK B.A.
S/O.LATE V.S.ACHUTHARAO
AGED ABOUT 38 YEARS
R/AT 280/C, 38TH CROSS
3
8TH BLOCK, JAYANAGAR
BENGALURU-560 008
10. V.NAGARAJ
S/O.G.N.VITTOBARAO
AGED ABOUT 57 YEARS
R/AT NO.76, 7TH CROSS
1ST MAIN, J.C.NAGAR
MAHALAKSHMI LAYOUT
BENGALURU-560 086
11. SRINIVASAMURTHY
S/O.SUBBAIAH
AGED ABOUT 65 YEARS
R/AT NO.18, 8TH 'E' MAIN
SRINIDHI LAYOUT
VIDYARANAYAPURA
BENGALURU-560 097
12. PUSHPA N.
W/O.P.KRISHNASWAMY
AGED ABOUT 53 YEARS
R/AT NO.182/13, 19TH MAIN
1ST BLOCK, RAJAJINAGAR
BENGALURU-560 010
13. H.KOMALABAI
W/O.LATE MUNIRAJU SINGH
AGED ABOUT 48 YEARS
R/AT NO.9/13, 2ND MAIN
Y.V.ANNAIAH ROAD
YELACHANAHALLI
J P NAGAR, BENGALURU-560 078
14. SMT.LAKSHMI DEVAMMA
W/O.SHIVA REDDY
AGED ABOUT 49 YEARS
R/AT NO.575
NEAR KRISHNA KALYANA MANTAPA
HOUSING BOARD COLONY
BASAVESHWARA NAGAR COLONY
4
BENGALURU-560 079
15. SMT.M.PRAMILA
W/O.LATE G.K.VENKATACHALAPATHI
AGED ABOUT 62 YEARS
R/AT 62/2, KAMAKSHIPALYA
BENGALURU-560 079
16. SMT. SARASWATHI R.
W/O.GANONDAIAH
AGED ABOUT 52 YEARS
R/AT NES EXTENSION
GANDHINAGARA
MARUTHI TOWN
BENGALURU
17. S. BHAGYA
W/O.V.S.VENKATESH
AGED ABOUT 50 YEARS
R/AT 101, 3RD MAIN
7TH CROSS, CHAMARAJPET
BENGALURU-560 018
18. K. NAGARAJ
S/O.K.VENKATARAMANAPPA
AGED ABOUT 55 YEARS
R/AT GUNDLAPPA DODDI
9TH KALYANACHURAM
ANANTHAPURAM
ANDRA PRADESH-515 761
19. MEENA SURYANARAYANA PAWAR
W/O.SURYANARAYANA PAWAR
AGED ABOUT 57 YEARS
R/AT NO.80, 15TH CROSS
OPP: VISHVESHWARA BANK
MALLESWARAM
BENGALURU-560 003
20. SMT.PADHMAMMA
W/O.HONNAPPA
5
AGED ABOUT 55 YEARS
R/AT NO.147, 9TH CROSS
6TH BLOCK, 2ND STAGE
NAGARABAVI
BENGALURU-560 072
21. P.PRADEEP
S/O.N.V.PRABAKAR
AGED ABOUT 39 YEARS
R/AT NO.229, B 2ND FLOOR
38TH CROSS, RAJAJINAGAR
BENGALURU-560 010
22. P.R.BHAGYAVATHI
W/O.NARAYANASWAMY
AGED ABOUT 52 YEARS
R/AT NO.497/A, 10TH MAIN
8TH CROSS, HAL 3RD STAGE
JEEVAN BHIMA NAGAR
BENGALURU-560 075
23. SIDDAPPA H.
S/O.HONNURAPPA
AGED ABOUT 62 YEARS
NO.12, 5TH MAIN, PNS LAYOUT
GRAPE GARDEN
OPP:DR.RAJKUMAR PARK
KAMMANAHALLI
BENGALURU-560 082
24. N. MANJUNATH
S/O H.NARANAIAH
AGED ABOUT 62 YEARS
R/AT NO.2, 4TH 'A' CROSS
MARUTHI NILAYA
CHIKKA BANASAWADI
BENGALURU-560 033
25. B.N.SUMITHRA
W/O.NARASIMHA SAMGA
AGED ABOUT 66 YEARS
6
R/AT NO.79, KUNJARU
1ST MAIN, 'C' BLOCK
AECS LAYOUT
KUNDALAHALLI
MARATHAHALLI
BENGALURU-560 037
26. M.S.USHA
W/O.H.S.RAMASWAMY
AGED ABOUT 51 YEARS
R/AT NO.13, 4TH CROSS
MAHALAKSHMI LAYOUT
BENGALURU-560 086
27. SHAKUNTHALA JAGADEESH
W/O.JAGADEESH KUMAR
AGED ABOUT 62 YEARS
R/AT NO.302, 3RD FLOOR
NO.83, DIVYA PARADISE
4TH CROSS, ITTAMADU LAYOUT
BSK 3RD STAGE, 3RD PHASE
BENGLAURU-560 085
28. M.B.JAYAMMANNI
W/O.M.B.RAJE URAS
AGED ABOUT 58 YEARS
NO.34, 1ST MAIN, 4TH CROSS
SHIVU LAYOUT
MARIYAPPANAPALYA
BENGALURU-560 056
29. M.H.INDIRAMMA
W/O.M.S.ANATHA
AGED ABOUT 65 YEARS
#59/D, 2ND CROSS
B S K 3RD STAGE
3RD PHASE, 6TH BLOCK
BENGALURU-560 085
30. GLADY MANTERIO
W/O.LATE PATRICK
7
AGED ABOUT 69 YEARS
#25-21-1320/12
ADONIE, JEPPU SEMINARY VIEW
JEPPU MAJILA, KANKADY
MANGALORE-575 002
31. BASAVARAJAMMANNI
W/O.B.PUTTABUDDI
AGED ABOUT 52 YEARS
'SHANTINIVAS'
NEAR SUBBAPPA GOWDOWN
CHAMUNDESHWARI NAGAR
MANDYA-571 401
32. JYOTHI K.PRASAD
W/O.S.N.KRISHNA PRASAD
AGED ABOUT 46 YEARS
#513-B/27
2ND CROSS, 2ND BLOCK
B S K 1ST STAGE
BENGALURU-560 050 ... PETITIONERS
(BY SRI MAHESH C.M., ADVOCATE)
AND:
1. THE SPECIAL LAND ACQUISITION OFFICER
KIADB(BMICP)
KAVERI GUEST HOUSE
PALACE ROAD
BENGALURU-560 001
2. THE MANAGING DIRECTOR
NANDI INFRASTRUCTURE
CORRIDOR ENTERPRISES LTD., (NICE)
MIDFORD HOUSE
MIDFORD GARDEN
OFF M.G.ROAD
BENGALURU-560 001
3. THE PRESIDENT
KARMIKARA RAITHARA VASATHI
8
NIRMANA SAHAKARA SANGHA LTD.,
(KRVNSS), NO.92
1ST FLOOR, BULL TEMPLE ROAD
CHAMARAJPET
BENGALURU-560 018 ... RESPONDENTS
(BY SRI P.V.CHANDRASHEKAR, ADVOCATE FOR R1;
SRI NITIN PRASAD FOR
SRI T.SURYANARAYANA, ADVOCATES FOR R2;
SRI A.DEVARAJA, ADVOCATE FOR R3)
IN WP.NOS.8908-8911 OF 2018:
BETWEEN:
1. SMT. VIMALAMMA
D/O. SHIVANNA
AGED ABOUT 64 YEARS
R/AT AT NO.10, 3RD CROSS
CHOLURPALYA
MAGADI ROAD
BENGALURU-560 023
2. SMT.M.RATHNA
W/O.M.CHANDRAPPA
AGED ABOUT 66 YEARS
R/AT NO.593, 4TH MAIN
MUTHYALAMMA NAGAR
M.E.S. RING ROAD
BENGALURU-560 054
3. SRI M. VENKATESH
S/O. LATE K.MUNISWAMAPPA
AGED ABOUT 68 YEARS
R/AT. NO.180, 9TH CROSS
LAKSHMINARAYANAPURA
SRIRAMPURAM
BENGALURU-560 021
4. SRI P.S.KRISHNA
S/O. SUBA RAO
AGED ABOUT 67 YEARS
9
R/AT NO.344/12
30TH MAIN, 11TH 'H' CROSS
J.P. NAGAR, 1ST PHASE
BENGALURU-560 078 ... PETITIONERS
(BY SRI MAHESH C.M., ADVOCATE)
AND:
1. THE SPECIAL LAND
ACQUISITION OFFICER
KIADB (BMICP)
KAVERI GUEST HOUSE
PALACE ROAD
BENGALURU - 560 001
2. THE MANAGING DIRECTOR
NANDI INFRASTRUCTURE CORRIDOR
ENTERPRISES LTD., (NICE)
MIDFORD HOUSE
MIDFORD GARDEN
OFF M.G.ROAD
BENGALURU - 560 001
3. THE PRESIDENT
KARMIKARA RAITHARA VASATHI
NIRMANA SAHAKARA SANGHA LTD.,
(KRVNSS), NO.92, 1ST FLOOR
BULL TEMPLE ROAD
CHAMARAJPET
BENGALURU - 560 018 ... RESPONDENTS
(BY SRI SOMASHEKAR T. FOR
SRI B.B.PATIL, ADVOCATES FOR R1;
SRI NITIN PRASAD FOR
SRI T.SURYANARAYANA, ADVOCATES FOR R2;
SRI A.DEVARAJA, ADVOCATE FOR R3)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 3
TO ALLOT THE ALTERNATIVE SITES IN LIEU OF
10
ACQUISITION OF THEIR RESIDENTIAL SITES FOR
BANGALORE MYSORE INFRASTRUCTURE CORRIDOR
PROJECT (BMICP) BY RESPONDENT NO.1 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE
THE FOLLOWING:-
COMMON ORDER
Sri Mahesh C.M., learned Counsel for the petitioners.
Sri P.V.Chandrashekar, learned Counsel for respondent No.1 in WP.Nos.14831-14862/2017.
Sri B.B.Patil, learned Counsel for respondent No.1 in WP.Nos.8908-8911/2018.
Sri Nitin Prasad for Sri T.Suryanarayana, learned Counsel for respondent No.2.
Sri A.Devaraja, learned Counsel for respondent No.3.
2. The petitions are admitted for hearing. With the consent of learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seek a direction to the respondents to allot the 11 alternative sites in lieu of acquisition of their residential sites for Bangalore Mysore Infrastructure Corridor Project (BMICP) by the first respondent and to direct the respondents to implement/perform their duty/promise as per their communications both dated 12.11.2010 and 22.08.2005.
4. When the matters were taken up today, learned Counsel for respondent No.1 submitted that the proceedings with regard to dispute in respect of the apportionment of the award were referred to the Civil Court under Sections 30 and 31 of the Land Acquisition Act, 1894 ('the Act' for short) in LAC.No.257/2006. It is further submitted that an appropriate remedy for the petitioners is to implead themselves to the aforesaid proceedings to claim the compensation.
5. In view of the aforesaid submission made by the learned Counsel for respondent No.1, the learned Counsel for the petitioners submits that the petitioners be granted liberty to file an application for impleadment to the aforesaid proceedings and the trial Court be 12 directed to decide the application submitted by the petitioners in accordance with law.
6. In view of the aforesaid submissions made and in facts of the case, it is directed that in case, if the petitioners submit an application for their impleadment to the aforesaid proceedings, the trial Court shall hear the petitioners and decide their claim expeditiously in accordance with law.
With the aforesaid directions, the petitions are disposed of.
Sd/-
JUDGE LB