Karnataka High Court
Smt. C. Bhavani @ Hamsa vs The State Of Karnataka on 31 August, 2017
Author: B.S.Patil
Bench: B.S.Patil
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST, 2017
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.No.62354/2016 (LA-BDA)
BETWEEN:
SMT. C.BHAVANI @ HAMSA
W/O SRI NARANDRA KUMAR
D/O LATE SRI CHINNAPPA
AGED ABOUT 37 YEARS
R/A NO.93, 8TH CROSS
20TH MAIN, G BLOCK
SAHAKARANAGAR
BANGALORE-560092. ... PETITIONER
(By Sri NAGAPRASANNA, ADV. FOR Sri VINOD REDDY V., ADV.)
AND
1. THE STATE OF KARNATAKA
URBAN DEVELOPMENT DEAPRTMENT
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE-560001
REP BY ITS SECRETARY.
2. THE BANGALORE DEVELOPMENT AUTHORITY
T.CHOWDAIAH ROAD
BANGALORE-560020
REP BY ITS COMMISSIONER.
3. THE SPECIAL LAND ACUQISITION OFFICER
BANGALORE DEVELOPMENT AUTHORITY
T CHOWDAIAH ROAD
KUMARA PARK WEST
BANGALORE-560020
2
4. NTI HOUSING CO OPERATIVE SOCIETY
(DELETED V/C/O DT.6/7/2017)
5. THE CHIEF TOWN PLANNING OFFICER/MEMBER,
TOWN PLANNING DEPARTMNET,
BANGALORE DEVELOPMENT AUTHORITY,
T CHOWDAIAH ROAD,
BANGALORE-560020. ... RESPONDENTS
(By Sri M.A.SUBRAMANI, HCGP FOR R1;
Sri NARENDRA GOWDA, ADV. FOR R2-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2
TO RECTIFY THE LAYOUT MAP IN ACCORDANCE WITH THE
ACQUISITION NOTIFICATION VIDE ANNEX-D & E AND EXCLUDE
THE EXCESS EXTENT OF 30 GUNTAS AS INDICATED IN THE
LAYOUT MAP AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Learned Government Pleader takes notice for respondent No.1.
2. This writ petition is filed seeking a direction to 2nd respondent - Bangalore Development Authority (for short 'BDA'), Bangalore, to rectify layout plan Annexure-E sanctioned by the BDA wherein 30 guntas of land belonging to petitioner has been allegedly illegally and unauthorisedly shown as part of layout plan. 3
3. It is the case of petitioner that she is the absolute owner in possession and enjoyment of property bearing Sy. No.83/2 (old Sy.No.83) situated at Byatarayanapura, Yelahanka Hobli, Bangalore North Taluk. According to petitioner, she has become owner of 1 acre of land comprised in said survey number as per registered partition deed dated 24.01.2002 which had taken place between Chinnappa and his children including petitioner herein. Land in Sy.No.83 which totally measured 6 acres 29 guntas was acquired by the State as per preliminary notification issued under Section 4(1) of the Land Acquisition Act on 04.01.1985 followed by final notification dated 22.09.1986 in favour of NTI Housing Co-operative Society. It is not in dispute that only an extent of 3 acres 4 guntas out of 6 acres 29 guntas was acquired and handed over to the beneficiary. A Residential layout in respect of acquired land was sanctioned according due approval.
4. Grievance now made by petitioner in this writ petition is that a portion of her land measuring 30 guntas which is in her possession and enjoyment has been 4 illegally shown as part of layout plan. Having realized this mistake, BDA has initiated a process for correcting its mistake. However, as no endorsement is issued, petitioner is put to prejudice and hardship in developing her 30 guntas of land on account of mistake committed by BDA in including the same in the layout plan. Petitioner has approached this Court seeking a direction to BDA to correct its mistake.
5. The BDA has filed statement of objections. It has admitted the fact that 30 guntas of land belonging to petitioner which is the subject matter of this writ petition has not been acquired and that it continues to be in possession and enjoyment of petitioner. BDA does not deny the fact that steps were initiated for correcting the mistake committed while preparing layout plan whereunder inadvertently 30 guntas of land belonging to petitioner comprised in Sy.No.83 was included.
6. Learned counsel for BDA - Sri Narendra Gowda submits that action would be taken in accordance with law 5 to rectify the mistake and issue a communication in this regard to petitioner.
7. It is most unfortunate that land belonging to petitioner is sought to be included in the development plan of layout for a third party without the same having been acquired. As rightly contended by learned counsel for petitioner, petitioner has been prevented from making use of the said portion of land measuring 30 guntas for her benefit. Therefore, the BDA has to take urgent action in this regard and redress the grievance of petitioner.
8. Hence, this writ petition is allowed. A direction is issued to the BDA to take necessary steps to correct its mistake and issue appropriate communication to petitioner informing her that land measuring 30 guntas comprised in Sy.No.83/2 (Old No.83) was not part of layout plan approved by it. This action shall be taken within a period of eight weeks from the date of receipt of a copy of this order. The BDA has to take all consequential actions in correcting its records in order to ensure that 6 petitioner is free to enjoy the subject land measuring 30 guntas.
9. Learned Government Pleader is permitted to file memo of appearance within three weeks from today.
Sd/-
JUDGE VP