Karnataka High Court
K Siddegowda vs The Principal Secretary on 29 November, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC:49285
WP No. 43326 of 2016
C/W WP No. 31897 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.43326 OF 2016 (GM-SLUM)
C/W
WRIT PETITION NO.31897 OF 2016 (GM-SLUM)
IN WP NO.43326/2016:
BETWEEN:
1. K. SIDDEGOWDA
DECEASED BY LR'S
1(a) SMT. SAVITRAMMA
W/O. LATE K. SIDDEGOWDA
AGED ABOUT 69 YEARS
R/O. MALLANAYAKANAKATTE VILLAGE
DUDDA HOBLI
MANDYA TALUK AND DISTRICT - 571 405
1(b) SMT. M. S. PREMA
W/O. H. M. PUTTA MADU
AGED ABOUT 58 YEARS
R/O. #185, HANAKERE VILLAGE
Digitally signed
by SHWETHA KASABA HOBLI
RAGHAVENDRA MANDYA TALUK AND DISTRICT - 571 405
Location: HIGH
COURT OF 1(c)
KARNATAKA SRI M. S. DHANANJAYA
S/O. LATE K. SIDDEGOWDA
AGED ABOUT 69 YEARS
R/O. MALLANAYAKANAKATTE VILLAGE
DUDDA HOBLI
MANDYA TALUK AND DISTRICT - 571 405
1(d) SMT. M. S. KALPANA
W/O. H. C. HARIPRASAD
AGED ABOUT 57 YEARS
R/O. HOLALU VILLAGE, DUDDA HOBLI
MANDYA TALUK AND DISTRICT - 571 405
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WP No. 43326 of 2016
C/W WP No. 31897 of 2016
1(e) SMT. M. S. LATHA
W/O. LATE B. N. MAHESH
AGED ABOUT 50 YEARS
R/O. #1910, 4TH CROSS
SUBHASHNAGAR
MANDYA - 571 401
1(f) SRI M. S. SHIVANANDA
S/O. LATE K. SIDDEGOWDA
AGED ABOUT 46 YEARS
R/O. MALLANAYAKANAKATTE VILLAGE
DUDDA HOBLI
MANDYA TALUK AND DISTRICT - 571 405
1(g) SMT. M. S. SOWJANYA
W/O. K. NAGENDRA
AGED ABOUT 40 YEARS
R/O. #23, 6TH MAIN ROAD
ALLANAHALLI LAYOUT
MYSURU - 570 028.
...PETITIONERS
(BY SRI S. ANIL KUMAR, ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
HOUSING DEPARTMENT
VIDHANA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA - 571 401
3. THE KARNATAKA SLUM DEVELOPMENT BOARD
REPRESENTED BY ITS SECRETARY
FLAT FORM ROAD, SHESHADRIPURAM
BENGALURU - 560 020
...RESPONDENTS
(BY SRI M. SRINIVAS KUMAR H.C.G.P., FOR R-1 AND R-2;
SRI D. VENUGOPAL, ADVOCATE FOR R-3)
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WP No. 43326 of 2016
C/W WP No. 31897 of 2016
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE R-1 VIDE ANNEX-K DD.9.1.2014 AND THE
MODIFIED FINAL NONFICTION ISSUED BY THE R-2 DATED 11.9.2015
VIDE ANNEX-L IN SO FAR AS THE PETITIONER LAND BEARING
SY.NO.819/1A4 MEASURING 0.05 GUNTAS IS CONCERNED.
IN WP NO. 31897/2016
V. NARAYANA MURTHY
DECEASED BY LR'S
1. SMT. GOWRAMMA
W/O. V. NARAYANA MURTHY
AGED ABOUT 78 YEARS
2. SMT. KAMALAMMA
W/O. V. NARAYANA MURTHY
AGED ABOUT 72 YEARS
3. SMT. R. MAMATHA
W/O. NARENDRA BABU
AGED ABOUT 46 YEARS
4. SRI T. N. NAGENDRA BABU
S/O. V. NARAYANA MURTHY
AGED ABOUT 48 YEARS
5. SRI N. SATISHA
S/O. V. NARAYANA MURTHY
AGED ABOUT 46 YEARS
6. SMT. N. VARALAKSHMI
D/O. V. NARAYANA MURTHY
AGED ABOUT 45 YEARS
7. SRI N. ANANDA KUMAR
S/O. NARENDRA BABU
AGED ABOUT 20 YEARS
ALL ARE RESIDING AT NO.2809
THANDVESHWARA NILAYA
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WP No. 43326 of 2016
C/W WP No. 31897 of 2016
6TH CROSS, GANDINAGARA
MANDYA CITY, MANDYA - 571 401.
...PETITIONERS
(BY SRI S. ANIL KUMAR, ADVOCATE FOR LR'S)
AND:
1. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA
HOUSING DEPARTMENT
VIDHANA SOUDHA
DR. B. R. AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA - 571 401
3. THE KARNATAKA SLUM DEVELOPMENT BOARD
REPRESENTED BY ITS SECRETARY
FLAT FORM ROAD, SHESHADRIPURAM
BENGALURU - 560 020
...RESPONDENTS
(BY SRI M. SRINIVAS KUMAR H.C.G.P., FOR R-1 AND R-2;
SRI D. VENUGOPAL, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE R-1 UNDER ANNEXURE-K IN APPEAL DATED
9.1.2014 AND THE MODIFIED FINAL NONFICTION ISSUED BY THE
R-2 DATED 11.9.2015 UNDER ANNEXURE-L IN SO FAR AS THE
PETITIONER LAND BEARING SY NO.819/1A1 A MEASURING 0.02
GUNTAS IS CONCERNED.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
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WP No. 43326 of 2016
C/W WP No. 31897 of 2016
CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioners are before this Court seeking for the following reliefs:-
IN W.P.NO.43326/2016
i. Call for the records
ii. Issue a writ of certiorari or any other suitable writ,
order or directions as the case may be to quash the order passed by the 1st respondent under Annexure-K in Appeal No.DOH 59 SBM 2012 CLUBBED with DOH 60 SBM 2012 dated 09.01.2014 and the modified final notification issued by the 2nd respondent in No.MUNISI(2)327/97-97 dated 11.09.2015 under Annexure-L in so far as the petitioner land bearing Sy.No.819/1A4 measuring 0.05 guntas is concerned.
iii. Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case including the awarding of the cost of this Writ petition.
IN W.P.NO.31897/2016
i. Call for the records
ii. Issue a writ of certiorari or any other suitable writ,
order or directions as the case may be to quash the order passed by the 1st respondent under Annexure-K in Appeal No.DOH 59 SBM 2012 CLUBBED with DOH 60 SBM 2012 dated 09.01.2014 -6- NC: 2024:KHC:49285 WP No. 43326 of 2016 C/W WP No. 31897 of 2016 and the modified final notification issued by the 2nd respondent in No.MUNISI(2)327/97-97 dated 11.09.2015 under Annexure-L in so far as the petitioner land bearing Sy.No.819/1A1a measuring 0.02 guntas is concerned.
iii. Grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case including the awarding of the cost of this Writ petition.
2. In W.P.No.43326/2016, the petitioner claims to be owner of three sites in Sy.No.819/1 of Mandya village, which are stated to be numbered as Sy.No.819/1A4 vide MR.No.171/67-68, MR.No.250/67-68 and M.R.No.172/67-
68.
3. In W.P.No.31897/2016, the petitioner claims to be owner of one site carved out of Sy.No.819/1, which comes under Sy.No.819/1A4 vide MR.No.163/2002-2003 dated 20.01.2003.
4. In both the above matters, the contention of Sri. S. Anil Kumar, learned counsel for the petitioners is that without hearing the petitioners' and without providing an opportunity, a notification under The Karnataka Slum Areas (Clearance & Improvement) Act, 1973 (for short 'the Act, 1973') dated 11.05.1979 has -7- NC: 2024:KHC:49285 WP No. 43326 of 2016 C/W WP No. 31897 of 2016 been issued by including the vacant sites of the petitioners.
5. His submission is that a notification could only be issued in respect of lands where there are huts, hutments or the like in the nature of the slum and the vacant sites of the petitioners could not have been included in the said notification, that too, by way of modification.
6. Heard Sri. S. Anil Kumar, learned Counsel for the petitioners and Sri. M. Srinivas Kumar, learned HCGP for respondent Nos.1 and 2 and Sri. D. Venugopal, learned counsel for respondent No.3.
7. Having perused the papers, it is seen that the notification dated 11.05.1979 as regards 5 acres 20 guntas in Sy.Nos.816, 817 and 818 of Mandya village, had been challenged in W.P.Nos.38862-38863/1992, on the ground that the owners have not been notified, the petitions were allowed and the matters were remitted. The Deputy Commissioner after verifying the slum area and holding an enquiry has held that 1 acre 11 guntas was occupied -8- NC: 2024:KHC:49285 WP No. 43326 of 2016 C/W WP No. 31897 of 2016 by the slum dwellers and as such, a report was submitted.
8. Subsequently, the Association had challenged the said report by contending that the entire area measuring 2 acres 33 guntas was occupied by slum dwellers and they have produced certain documents in relation thereof, the same not having been considered, they had filed W.P.No.27407/2002, which came to be allowed.
9. The Deputy Commissioner had directed the Tahasildhar to submit a report, which was so submitted and thereafter, a notification under sub-section (1) of Section 3 of the Act, 1973 was issued in respect of extent of 1 acre 37 guntas in Sy.Nos.819/A, 819/1/A2, 819/1/A4, 819/1A3 and 819/2, which was again challenged by the Association in W.P.Nos.19720-47/2010 by contending that an extent of 0.34 guntas had been left up. The said writ petitions came to be allowed by this Court and the matters were again remitted to the Deputy Commissioner for fresh consideration after an enquiry and survey to be carried out.
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10. It is at this stage, that the petitioners' lands were also notified by the Deputy Commissioner vide order dated 19.07.2011, which is challenged by the petitioners before the Appellate Authority and Prl. Secretary to the Government, who vide the impugned order dismissed the appeal and directed modification of the notification to be made in terms of report of the Deputy Commissioner. It is this order, which is challenged before this Court.
11. Learned Counsel for the petitioners would submit that the lands of the petitioners' continue to be vacant land and could not have been included in the notification by way of modification or otherwise.
12. The report of the Deputy Commissioner and the sketch which have been produced alongwith the report dated 17.06.2013 would clearly indicate that the entire land in Sy.No.819/1 is covered by huts and hutments. If that be so, the petitioners owing the lands, the notification having been issued under sub-section (1) of Section 3 of the Act, 1973, the petitioners would be entitled for just compensation.
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13. The existence of the huts having been established by the Deputy Commissioner' report, the petitioners having participated before the Appellate Authority and on facts the said aspects having been considered by the Appellate Authority, the petitioners cannot now being heard to say that the lands continue to be vacant. In that view of the matters, no grounds having been made, the petitions stand disposed of with a direction to the respondents to process the compensation payable to the petitioners in terms of the applicable laws, as expeditiously as possible, within a period of three months from today.
Sd/-
(SURAJ GOVINDARAJ) JUDGE MN List No.: 1 Sl No.: 30