Karnataka High Court
Sabirabi W/O. Hazarathsab Attar vs The Special Deputy Commissioner on 10 March, 2025
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NC: 2025:KHC-D:4549
WP No. 104130 of 2014
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 10TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MRS JUSTICE M.G.UMA
WRIT PETITION NO. 104130 OF 2014 (ULC)
BETWEEN:
1. SMT. SABIRABI
W/O. HAZARATHSAB ATTAR,
AGE: 83 YEARS,
R/O. TABIBLAND, ATTAR BUILDING
HUBLI - 580020.
2. SMT. MEHARUNNISSA
W/O. ASHQUAHMAD YADWAD,
AGE: 64 YEARS,
R/O. TABIBLAND, ATTAR BUILDING,
HUBLI- 580020.
3. KUMARI FAIROZA
D/O. HAZARATSAB ATTAR,
AGE: 59 YEARS,
R/O. TABIBLAND, ATTAR BUILDING,
Digitally
HUBLI - 580020.
signed by V
N BADIGER 4. KUMARI RAZIA
Location: D/O. HAZARATSAB ATTAR,
HIGH
COURT OF AGE: 53 YEARS,
KARNATAKA, R/O. TABIBLAND, ATTAR BUILDING,
DHARWAD HUBLI - 580 020.
BENCH,
DHARWAD
5. KUMARI. ASIYABEGUM
D/O. HAZARAAB ATTAR,
AGE: 38 YEARS,
R/O. TABIBLAND,
ATTAR BUILDING,
HUBLI - 580020.
6. SRI. AYUB
S/O. HAZARATSAB ATTAR,
AGE: 48 YEARS,
R/O. TABIBLAND,
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WP No. 104130 of 2014
ATTAR BUILDING,
HUBLI - 580020.
7. SMT. HASEENABEGUM
W/O. NAZEERAHMAD ATTAR,
AGE: 43 YEARS,
R/O. TABIBLAND,
ATTAR BUILDING,
HUBLI - 580020.
8. SRI. SOHAILAHMED @ JAVED
S/O. NAZAEERAHMAD ATTAR,
AGE: 27 YEARS,
R/O. TABIBLAND,
ATTAR BUILDING,
HUBLI - 580020.
9. KUMARI SHAHEEN BEGUM @ SANA
D/O. NAZEERAHMED ATTAR,
AGE: 25 YEARS,
R/O. TABIBLAND,
ATTAR BUILDING,
HUBLI - 580020.
...PETITIONERS
(BY SRI. J. S. SHETTY, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER,
AND COMPETENT AUTHORITY,
HUBLI DHARWAD URBAN AGGLOMERATION,
DHARWAD - 580001.
2. THE HUBLI DHARWAD URBAN
DEVELOPMENT AUTHORITY,
NAVANAGAR,
HUBLI,
BY ITS COMMISSIONER.
3. THE DIVISIONAL COMMISSIONER
BELGAUM, DIST: BELGAUM.
4. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING, BANGALORE.
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WP No. 104130 of 2014
5. ADDITIONAL DISTRICT COMMISSIONER,
DHARWAD DISTRICT,
DHARWAD.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, AGA, FOR R1, R3, R4 & R5;
SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO:-
A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
DIRECTION IN THE NATURE OF WRIT TO QUASH THE ORDER
NO.LUCR-579/13-14 DATED 03.06.2013, PASSED BY THE FIFTH
RESPONDENT, THE COPY OF WHICH HAS BEEN PRODUCED
HEREWITH AT ANNEXURE-A, THE ORDERNO.LUC.R579, DATED
18.07.1978, PASSED BY THE FIRST RESPONDENT - SPECIAL
DEPUTY COMMISSIONER, DHARWAD AND COMPETENT
AUTHORITY THE COPY OF WHICH HAS BEEN PRODUCED
HEREWITH AT ANNEXURE-B, THE ORDER DATED 07.11.1975
PASSED BY THE SPECIAL DEPUTY COMMISSIONER, IN ULC.R.579
DATED 07.11.1978, THE COPY OF WHICH HAS BEEN PRODUCED
HEREWITH AT ANNEXURE-C AND ALSO THE ORDER DATED
06.02.1979, PASSED BY THE DIVISIONAL COMMISSIONER,
BELGAUM-THE THIRD RESPONDENT IN RB.ULC.AP.14/78-79, THE
COPY OF WHICH HAS BEEN PRODUCED HEREWITH AT
ANNEXURE-D.
B) A WRIT OF MANDAMUS MAY KINDLY BE ISSUED TO THE
RESPONDENTS DIRECTING THEM TO PAY THE COMPENSATION
IN RESPECT OF THE COMPULSORY ACQUISITION OF THE
RETAINABLE LAND SY.NO.618 TO AN EXTENT OF 1082.6343
SQ.METERS IF NECESSARY BY INITIATING THE ACQUISITION
PROCEEDINGS UNDER THE PROVISIONS OF THE LAND
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WP No. 104130 of 2014
ACQUISITION ACT OR BY DIRECTING THEM TO REDELIVER THE
VACANT POSSESSION OF THE SAID EXTENT OF THE LAND IN
UNAKAL VILLAGE, BY CONSIDERING THE REPRESENTATION
DATED 05.12.2012, THE COPY OF WHICH HAS BEEN PRODUCED
HEREWITH AT ANNEXURE-T.
C) FURTHER DIRECTIONS MAY KINDLY BE ISSUED TO THE
RESPONDENTS ALSO TO PAY THE COMPENSATION TO THE
PETITIONERS IN RESPECT OF THE LAND SY.NO. TO AN EXTENT
OF 2630.4499 SQ. METERS SHOWN AS THE POT KHARAB LAND
OR FOR WHICH NO COMPENSATION HAS BEEN PAID SO FOR BY
THE RESPONDENTS.
D) FURTHER DIRECTION MAY KINDLY BE ISSUED TO THE
RESPONDENTS TO PAY THE COMPENSATION OF RS.3,05,132/-
BY DEDUCTING THE COMPENSATION AMOUNT OF RS.2,00,000/-
ALREADY PAID BY THE FIRST RESPONDNET IN RESPECT OF THE
PROPERTY BEARING SY.NO.168, SITUATED AT UNAKAL VILALGE,
ALONG WITH INTEREST AT THE RATE OF 15% PER ANNUM, IF
NECESSARY BY DECLARING THAT SECTION 11(6) OF THE URBAN
LAND (CEILING AND REGULATION) ACT 1976, AS
UNCONSTITUTIONAL AND VOID.
E) FURTHER DIRECTION MAY KINDLY BE ISSUED TO THE
RESPONDENTS TO PAY THE FURTHER COMPENSATION OF
RS.10,00,000/- EACH TO THE PETITIONERS NO.2 TO 5 FOR THE
LOSS AND MENTAL HARASSMENT, CAUSED TO THEM DUE TO
THE INACTION AND DELAY ON THE PART OF THE AUTHORITIES,
IN NOT SETTLING AND PAYING THE COMPENSATION AMOUNT,
IN TIME AND ALSO PROVIDE AN EMPLOYMENT OPPORTUNITY TO
THE PETITIONERS NO.2, 8 AND 10.
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WP No. 104130 of 2014
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MRS JUSTICE M.G.UMA
ORAL ORDER
1. The petitioners have approached this Court seeking the following reliefs:
a) Issuance of a writ in the nature of Certiorari to quash the order dated 03.06.2013 passed by Respondent No.5 - The Additional District Commissioner, Dharwad, i.e., Annexure-A;
b) To quash the order dated 18.07.1978, passed by respondent No.1 - the Special Deputy Commissioner and Competent Authority, Hubli-
Dharwad Urban Agglomeration, i.e., Annexure- B;
c) To quash the order dated 07.11.1978 passed by the Special Deputy Commissioner, i.e., Annexure-C,
d) To quash the order dated 06.02.1979, passed by the respondent No.3 - The Divisional Commissioner, Belgaum, i.e., Annexure-D.
e) To issue writ in the nature of Mandamus, directing the respondents to pay compensation for compulsory acquisition of the retainable land in Survey No.618, to an extent of 1082.6343 square meters, and directing them to deliver vacant possession of the said land, as per the representation dated 05.12.2012, produced as per Annexure-T;
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f) To direct the respondents to pay compensation to the petitioners in respect of the land measuring 2630.4499 square meters, shown as Pot kharab land, for which no compensation has been paid;
g) For directing the respondents to pay compensation amounting to ₹3,05,132/-, after deducting the amount of ₹2,00,000/- already paid in respect of Survey No.618, situated at Unkal Village, along with interest at the rate of 15% per annum under Section 11(6) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the ULC Act', for short), by declaring that Section 11(6) of the ULC Act is unconstitutional and void and,
h) To direct the respondents to pay compensation of ₹10,00,000/- each to Petitioners No.2 to 5, for the loss and mental harassment caused to them due to the inaction and delay on the part of the authorities, in not settling and paying the compensation amount, and not providing any employment opportunity to Petitioners No.2, 8 and 10.
2. Heard Sri. J. S. Shetty, learned counsel appearing for the petitioners, Sri. G. I. Gachchinamath, learned counsel for respondent No.2 and Sri. T. Hanumareddy, learned AGA for the respondents No.1, 3, 4 and 5.
3. It is the contention of the petitioner that, he was in possession of Survey No.618 of Unkal Village measures 19 acres 20 guntas. Out of which, the Deputy -7- NC: 2025:KHC-D:4549 WP No. 104130 of 2014 Commissioner, Dharwad, who is the Competent Authority, declared that an area measuring 78913.4964 square meters is the excess land, and the possession of the same has been taken over by the government, as per the order dated 07.11.1978.
4. It was the contention of the claimant before the Divisional Commissioner that, he was entitled for compensation of ₹3,05,132/-. The competent authority had awarded a compensation of only ₹2,00,000/-, and thereby, deprived him of his property and value of the land illegally.
5. The Divisional Commissioner in the appeal filed by Sri.Hajaratasab Lalsab Attar, the husband of Petitioner No.1 and the father of other petitioners, considered Section 11(6) of the ULC Act in the light of Sub-sections (1) and (5) thereof, which prescribe the maximum amount of ₹2,00,000/- that could be awarded as compensation and held that, in view of Sub-section(6), the amount payable either under Subsection (1) or Subsection (5) shall in no case exceed ₹2,00,000/-. The -8- NC: 2025:KHC-D:4549 WP No. 104130 of 2014 amount of ₹2,00,000/-, i.e., ₹25,000/- in cash, and the remaining ₹1,75,000/- by way of redeemable bonds, has been paid. Therefore, it was held that the compensation awarded by the competent authority is in conformity with the provisions of the Act, and therefore, the appeal was dismissed by order dated 06.02.1979 as per annexure-D, as there is no merit in the appeal.
6. The petitioners have approached this Court by filing writ petition on 21.03.2014, seeking the prayers as stated above. When the Divisional Commissioner had rejected the appeal preferred by the husband of petitioner No.1 and the father of the other petitioners, by passing an order vide Annexure-D dated 06.02.1979, there is no explanation as to why the petitioners have kept quite till 2013. It is also not explained as to why the original owner, Hajaratasab Lalsab Attar, who is the husband of petitioner No.1 and the father of the other petitioners, did not challenge the order passed in Annexure-D. It is pertinent to note that, the ULC Act was repealed with effect from 22.03.1999.
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7. During the course of arguments, learned counsel for Respondent No.2 submitted that, the excess land was handed over to Respondent No.2, by the predecessor in title of the petitioners, upon which, respondent No.2 developed the land and formed various sites. These sites were allotted to hundreds of persons, and many of them have already constructed houses and settled there. Therefore, it is the contention of Respondent No.2 that the nature of the land is changed drastically, and therefore, the question of resumption of the land in favor of the petitioners does not arise. In reply, learned counsel for the petitioners contended that, the petitioners are not seeking resumption of the land, but, since the entire land was taken possession of illegally beyond the ceiling limit, the petitioners are entitled for reasonable compensation.
8. The fact remains, that the claim of the petitioners for compensation has already been rejected by the Divisional Commissioner, vide order dated 06.02.1979 as per Annexure-D. Admittedly, the said order was not
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NC: 2025:KHC-D:4549 WP No. 104130 of 2014 challenged by the original owner or by the petitioners, and thus, it has reached finality.
9. It is pertinent to note that the petitioners, highlighting the inaction on the part of the competent authorities in the payment of compensation, have approached this Court by filing W.P.No.68297/2010. The order dated 02.01.2012 passed in W.P.No.68297/2010 is produced as per Annexure-S. As per the said order, the only relief claimed by the petitioners is to consider their representation dated 17.06.2009 for payment of compensation, by alleging that, excess land was forfeited to the government under the ULC Act. Under such circumstances, the respondent was directed to consider the representation of the petitioners expeditiously. After communicating the order dated 02.01.2012, the Additional Deputy Commissioner, Dharwad, passed the order on 03.06.2013 at Annexure- A, which is now challenged before this Court.
10. At this juncture, the attention of the Court is drawn by the learned AGA to a copy of the receipt produced by
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NC: 2025:KHC-D:4549 WP No. 104130 of 2014 the petitioners themselves as per Annexure-P dated 09.03.2001, under which, the petitioner No.1 acknowledges the receipt of ₹1,86,667/-, towards compensation along with 5% interest payable under the ULC Act, including ₹1,75,000/- standing in the name of the husband of Petitioner No.1, on 06.11.2000. This document is not disputed.
11. Annexure-Q is the reply from the Deputy Commissioner, Dharwad, dated 08.09.2006, to a query raised by the Karnataka Lokayukta, on the complaint filed by Petitioner No.3. According to the explanation given by the Deputy Commissioner, the compensation along with interest @ 5% was paid both in cash as well as through 20-year bonds issued by RBI, Bengaluru, The details of such bonds are also furnished therein. After lapse of 20 years, the said bond amount along with interest, totaling to ₹1,86,667/- was paid through a Demand Draft No.602759, drawn on State Bank of India, Hubballi, dated 12.02.2001, which was received by
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NC: 2025:KHC-D:4549 WP No. 104130 of 2014 petitioner No.1, as per the endorsement dated 09.03.2001 i.e., Annexure-P.
12. All these documents consistently disclose that, payment of compensation up to the maximum limit, as provided under Section 11(6) of the ULC Act, was granted. Out of which, ₹25,000/- was paid in cash, and for the balance amount, 20-years redeemable bonds were issued. After lapse of 20 years, even the bond amount with interest was paid to petitioner No.1. After receiving the said amount on 09.03.2001, repeated representations are being filed, contending that the possession of the land was taken illegally. I do not find any merit in the contentions taken by the petitioners.
13. There is no whisper in the entire petition, which runs into 20 pages, about the delay in filing the petition. It is stated that Hajaratasab Lalsab Attar died during 1997. Therefore, it is clear that, during his life time, he never raised any dispute with regard to the payment of compensation, either in cash or through bonds. After his death, Petitioner No.1, on behalf of other petitioners,
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NC: 2025:KHC-D:4549 WP No. 104130 of 2014 received even the bond amounts, after expiry of 20- years.
14. Under these circumstances, I do not find any merit in the petition, on the other hand, it is a frivolous petition filed by the petitioners.
15. Accordingly, the petition stands dismissed.
Sd/-
(M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 9