Karnataka High Court
Puttamma vs State Of Karnataka on 10 June, 2022
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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WP No. 21596 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 21596 OF 2021 (LA-RES)
BETWEEN:
1. PUTTAMMA
W/O LATE NARASIMHA @ PUTTANARASIMHA,
AGED ABOUT 70 YEARS
R/O 2ND CROSS ASHOKNAGARA,
JANATHA COLONY, SHIVAMOGGA 577201
2. SHIVAMURTHY
S/O LATE RANGAPPA,
AGED ABOUT 49 YEARS,
R/O OF 3RD CROSS, NEAR DODDAMMA TEMPLE,
HOSAMANE BADAVANE, SHIVAMOGGA 577201
...PETITIONERS
(BY SRI S V PRAKASH., ADVOCATE)
AND:
Digitally signed by
POORNIMA
SHIVANNA
Location: HIGH
1. STATE OF KARNATAKA
COURT OF
KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, M S BUILDING,
BENGALURU 560001
2. THE DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT,
SHIVAMOGGA 577201
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WP No. 21596 of 2021
3. THE ASSISTANT COMMISSIONER LAND
ACQUISITION OFFICER
SHIVAMOGGA SUB DIVISION
4. THE CITY MUNICIPAL CORPORATION
SHIVAMOGGA 577201
BY ITS COMMISSIONER
...RESPONDENTS
(BY SRI B.V. KRISHNA, AGA FOR R1 TO R3;
SRI G. RAVISHNAKAR FOR
A.V.G. ASSOCIATES, ADVOCATE FOR C/R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DATED 23.10.2020 ISSUED BY
R2 AND 3 PROPOSING TO ACQUIRE 4 GUNTAS OF LAND
EACH IN SY.NO.156/25 AND SY.NO.156/6 SITUATES AT
NAVULE VILLAGE, KASABA-2 HOBLI, SHIVAMOGGA TALUK
AND DISTRICT FOR THE PURPOSE OF PROVIDING
APPROACH ROAD FROM SAVALANGA MAIN ROAD TO
SHIVAMOGGA TOWN KRUSHINAGARA EXTENSION IN
TERMS OF SECTION 11(1) OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION, REHABILITATION AND RESETTLEMENT
ACT, 2013 PRODUCED AS PER ANNEXURE-J TO THE WRIT
PETITION AND THE DECLARATION DATED 01.09.2021
ISSUED BY THE R2 AND 3 IN TERMS OF SECTION 19(1)
OF THE ACT DECLARING THAT THE LAND MEASURING 4
GUNTAS EACH IN SY.NO.156/25 AND SY.NO.156/6 OF
NAVULE VILLAGE, KASABA-2 HOBLI, SHIVAMOGGA TALUK
AND DISTRICT REQUIRES FOR A PUBLIC PURPOSE
NAMELY FOR PURPOSE OF APPROACH ROAD TO
SHIVAMOGGA CITY KRUSHI EXTENSION FROM
SHIVAMOGGA-SAVALANGA MAIN ROAD PRODUCED AS
PER ANNEXURE-S TO THE WRIT PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 21596 of 2021
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
a) "Issue a writ in the nature of certiorari and quash the notification dated 23.10.2020 issued by the respondents 2 and 3 in No.LAQ/MISC./05/2020 (e- 26463) proposing to acquire 4 guntas of land each in Sy.No.156/25 and Sy.No.156/6 situates at Navule Village, Kasaba-2 Hobli, Shivamogga Taluk and district for the purpose of providing approach road from Savalanga Main road to Shivamogga Town Krushinagara Extension in terms of Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 produced as per Annexure - J to the writ petition and the declaration dated 01.09.2021 in No. PÀA.E. 02/AQS/21 issued by the respondents 2 and 3 in terms of Section 19(1) of the Act declaring that the land measuring 4 guntas each in Sy.No.156/25 and Sy.No.156/6 of Navule Village, Kasaba-2 Hobli, Shivamogga Taluk and District requires for a public purpose namely for purpose of approach road to Shivamogga city Krushi Extension from Shivamogga, Savalanga main road produced as per Annexure - S to the writ petition.
b) Issue any other appropriate writ, order or direction, as this Hon'ble Court deems it appropriate in the facts and circumstances of the case, in the interest of justice and equity;
c) Award cost of the writ petition."
2. The first and second petitioners claim to be the owners of 4 guntas of land each in Sy.Nos.156/25 and 156/6 of -4- WP No. 21596 of 2021 Navule Village, Kasaba-2 Hobli, Shivamogga Taluk and District. The aforesaid lands were sought to be acquired by respondents Nos.2 and 3 vide notification issued under Section 11(1) of the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'LARR Act' for short) on 23.10.2020 and the declaration under Section 19(1) of the LARR Act came to be issued on 01.09.2021. Challenging the same, the petitioners are before this Court.
3. Sri S.V.Prakash, learned counsel for the petitioners submits that the acquisition which has been made is not in the public interest, but is to satisfy the requirement of the developers of the Krushi Nagara layout, in the sense that the acquisition of the land of the petitioners is only to provide a better access to the residents of Krushi Nagara layout so as to increase the value of the sites in the said layout. He submits that the acquisition which has been initiated is purely on the basis of private purpose though termed to be in public interest and as such, he submits that the land of the petitioners which is situated -5- WP No. 21596 of 2021 in the main road is now sought to be acquired, the petitioners being deprived of the land only for the purposes of satisfying the requirement of private developer and by doing so, the land of the petitioners would get bifurcated creating problems for the petitioners in utilizing the remaining land.
4. Sri A.V.Gangadharappa, learned counsel for respondent No.4, who appeared on the last occasion argued the matter and contended that the acquisition of the land of the petitioners is not only for the purpose of providing access to Krushi Nagar but also to provide an access to residents of various layouts which had been formed after Krushi Nagar and as such, the same is in pubic interest since the interest of the various individuals residing in the various layout would be safeguarded.
5. In view of the above submission, Sri A.V.Gangadharappa, learned counsel was directed to produce the details of the layouts which had been approved and the manner in which the approval was granted vide order dated 27.05.2022. The said order reads as under: -6- WP No. 21596 of 2021
ORDER
1. "The acquisition of 4 guntas each of land belonging to the petitioners for formation of road to connect Shivamogga-Savalanga road to a layout by name Krishinagara layout is under challenge.
2. The contention of the learned counsel for the petitioners Sri S V Prakash is that the acquisition at the behest of private parties and there is no public interest in the same.
3. Sri A V Gangadharappa, on the other hand submits that acquisition has been necessitated in the public interest on account of the said Krishinagara layout and several other layouts situated beyond Krishinagara layout not having adequate road access and the residents of those layouts being forced to travel through narrow byline as evidenced by the report submitted by the Deputy Commissioner dated 05.01.2021 as per Annexure-R1 annexed to the statement of objection.
4. On enquiry as to whether when those layouts had been sanctioned, there was proper access and road facility to the layouts, Sri A V Gangadharappa, submits that those layouts have been formed long ago, today there is requirement for larger access to Shivamogga - Savalanga road and it is for that reason access had been resorted to.
5. In my considered opinion it would be required to ascertain if there are any road which was available to the said Krishinagara layout and other layouts when plans were sanctioned or if no roads were available when the plans were sanctioned. If that be so, necessary action would have to be initiated against the persons, who had approved the said layouts without complying with the basic requirements of access in order to enable or facilitate approval of layout.
5. Sri Nithyananda, learned AGA for respondent Nos.1 and 4 is directed to produce a list of layouts allegedly situated beyond Krishinagara layout as also to produce documents as to on what basis the formation of layout was sanctioned more particularly as regards access roads to such layouts. The details to be placed on record on or before 10.06.2022. If -7- WP No. 21596 of 2021 the same were not be placed on record, the Commissioner of respondent No.4 shall be personally present before this Court.
6. Learned AGA submits that it is the only revenue department, which has been arrayed as party, the Urban Development Department has not been arrayed as party.
7. The Division Bench of this Court has held that once Government Advocate appears for the State, he appears for all departments and he is at liberty to secure such instructions from any department where information is available. Hence, his submission does not require any order to be passed.
8. Re-list on 10.06.2022".
6. Pursuant thereto, an affidavit dated 08.06.2022 has been filed by respondent No.4-the Assistant Engineer enclosing a list of layouts which had been sanctioned around Krushi Nagara Layout as also a copy of the Master Plan 2031 of Shivamogga City.
7. Relying on the same, Sri G. Ravishankar, learned counsel who appears today on behalf of respondent No.4 submits that there is no direct access to Krushi Nagara Layout.
The access to Krushi Nagara Layout is through Mallikarjuna Nagara which is situated to the left of Krushi Nagara Layout. If any person is to access Krushi Nagara Layout, he has to go through Mallikarjuna Nagara and cross the bridge over a canal and then access Krushi -8- WP No. 21596 of 2021 Nagara Layout and other layouts. He submits that the other access is through Basaveswara Nagara which is situated to the right of Krushi Nagara Layout and again any person would have to cross canal in that area, to get into Krushi Nagara Layout and other layouts. There being only two accesses to the said Krushi Nagara Layout, the Authorities thought it fit to acquire the land of the petitioners to provide access to the public who are the residents of Krushi Nagara layout and as such, he submits that the acquisition is in public interest.
8. He submits that there are three other layouts which had been formed apart from Krushi Nagara layout namely, private layouts in Sy.No.139/25, 139/3 and 140/1, Sy.No.139/2 (Punyakoti Layout) and Sy.No.139/1. As such, not only the residents of Krushi Nagara layout, the residents of those layouts would also be benefited from the road proposed to be formed and as such, he submits that the acquisition is in the public interest.
9. He further submits that the petitioners had filed objections and had only sought for compensation and not -9- WP No. 21596 of 2021 opposed the acquisition and therefore, they could not challenge the acquisition subsequently. On these grounds, he submits that the petition is liable to be dismissed.
10. Sri B.V.Krishna, learned AGA appearing for respondent Nos.1 to 3 submits that the acquisition has been made at the request of respondent No.4 in public interest, since a small extent of land is being acquired to provide better access road facility to the residents of the Krushi Nagara layout and other layouts. This fact is properly considered by the Deputy Commissioner and the acquisition notification cannot be faulted with.
11. Heard Sri S.V.Prakash, learned counsel appearing for the petitioner and Sri. A.V.Gangadharappa, learned counsel heard on 27.05.2022 and Sri G.Ravishankar, learned counsel appearing for respondent No.4 today and Sri B.V.Krishna, learned AGA and perused the papers.
12. The affidavit which has been filed by the Assistant Engineer-respondent No.4, reads as under:
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AFFIDAVIT "I,Smt. Triveni D.G. W/o. Lohith Yadav, Aged 28 years, Assistant Engineer, Shivamogga Mahanagara Palike, now at Bangalore do hereby solemnly affirm and state as follows:
1. I am the Assistant Engineer of the 4th respondent in the above writ petition and hence I am swearing to this affidavit on behalf of 4th respondent as I have been duly authorised and instructed to do so. I state that the contents of this affidavit are based on information available with the records maintained by the office of the 4th respondent and the same are true and correct to the best of my knowledge, information and belief.
2. I state that as directed by this Hon'ble court I am producing herewith portion of the Master Plan relating to Shimogga City and also the layout plan of other adjacent layouts as approved by the competent authority under the Urban Development Authorities Act. As per the Master Plan, approach roads are made available for the residents of krishinagara Layout and other layouts. I am producing herewith the layout plan obtained from the Urban Development Authority as Annexures-R2 to R7 respectively."
13. A perusal of the same would indicate that she has produced the master plan relating to the Shivamogga city with the Krishi Nagar layout and adjacent layout marked on it.
14. A perusal of Annexure-R2 produced along with the affidavit indicates that Krushi Nagar Layout (phase-01) consists of 222 sites, Krushi Nagar Layout (Dollars
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WP No. 21596 of 2021 Colony) consists of 139 sites, private layout in Sy.Nos.139/25, 139/3 and 140/1 consists of 17 sites, private layout (Punyakoti layout) in Sy.No.131/2 consists of 25 sites and private layout in Sy.No.139/1 consists of 25 sites. Thus the only layouts which have been formed after Krushi Nagar Layout are three in numbers, which in all give a grand total of 67 sites as compared to 361 sites in Krushi Nagar Layout.
15. Thus, I am unable to accept the submissions made that the acquisition of the land of the petitioners will not only benefit the residents of Krushi Nagar Layout but also several other layouts formed thereafter.
16. It is rather clear from a perusal of the master plan that the sole beneficiary is the developer of Krushi Nagar at the cost of the petitioners as contended by Sri S.V.Prakash, learned counsel.
17. The other contention which has been raised by the learned counsel for respondent No.4 is that there are only two accesses to Krushi Nagar Layout and the other layouts one through Mallikarjuna Nagara which is to the
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WP No. 21596 of 2021 left of Krushi Nagar Layout and other through Basaveshwara Nagara which is to the right of Krushi Nagar Layout and that both access are through a bridge over canals.
18. A perusal of the master plan produced falsifies the said submission inasmuch as a perusal of the plan indicates that there are nearly 7 accesses to Krushi Nagar Layout from Savalanga road. It is not that there are only two accesses as contended by respondent No.4, but there are 7 accesses to Krushi Nagar Layout.
19. The submission of respondent No.4, if accepted that there are only two accesses to Krushi Nagar Layout, the approval process resorted by the Urban Development Authority for approval of the said layout would be required to be investigated, inasmuch as, even when the plan was submitted for approval, the Urban Development Department was aware that Krushi Nagar (Phase-01) would have 222 sites and Krushi Nagar Layout (Dollars Colony) would have 139 sites. It is at the time of approval of the said layout that the Urban Development
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WP No. 21596 of 2021 Authority ought to have considered what are the accesses available and whether the access is proper or not. After approving the layout and the layout being formed, respondent No.4 cannot now seek to contend that there are only two access, which are improper access, and for respondent No.4 to acquire the land of the petitioners to provide a better access to the residents of the said Krushi Nagar Layout.
20. Despite order being passed on 20.05.2022 directing the learned AGA to produce the documents relating to the sanction of layout and access taken into consideration, no such documents have been produced, requiring adverse interference to be drawn.
21. The manner in which the aforesaid actions have been resorted to by respondent No.4, in my considered opinion to say the least is an abuse of the powers vested with respondent No.4. Respondent No.4 in order to provide a better access at the behest of either the developer of Krushi Nagar Layout or the residents of Krushi Nagar
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WP No. 21596 of 2021 Layout, is seeking to acquire the land of the petitioners which is situated on the main road.
22. In my considered opinion, it is natural that any person who is residing in any area would probably want to have better access but it is impermissible that the same is done at the cost of the owner of the another land which is situated abutting thereto. The acquisition of the land of the petitioners to provide one more facility to residents of Krushi Nagar Layout, in my considered opinion, is in violation of both Articles 14 and 21 of the Constitution of India.
23. In view of the above, I am of the considered opinion that there is an abuse of power vested with respondent No.4. Therefore, the writ petition is required to be allowed. Hence, I pass the following:
ORDER
a) Writ petition is allowed.
b) The notification dated 23.10.2020 issued by respondent Nos.2 and 3 in No.LAQ/MISC/05/2020 (E-26463)
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proposing to acquire 0-4 guntas of land each in Sy.No.156/25 and Sy.No.156/6 situated at Navule Village, Kasaba-2 Hobli, Shivamogga Taluk and District is hereby quashed.
c) The Principal Secretary, the Department of Urban Development, is directed to conduct an enquiry in the manner in which the acquisition is resorted to and initiate such action as may be necessary.
d) In view of disposal of main petition, I.A.No.1/2022 is dismissed.
Sd/-
JUDGE KTY