Karnataka High Court
R Muniraju vs The State Of Karnataka on 14 August, 2013
Author: Ashok B.Hinchigeri
Bench: Ashok B. Hinchigeri
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY OF AUGUST 2013
BEFORE
THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI
WRIT PETITION NOs.31962-31997 OF 2011 (LA-BDA)
BETWEEN :
1. R.Muniraju,
S/o Late C.Ramachandra,
Aged about 42 years,
Residing at Site No.50,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
2. Smt.Chandramma,
Wife of Muniraju,
Aged about 25 years,
Residing at Site No.50,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
3. Smt.S.Vanitha,
Wife of Yuvaraj,
Aged about 34 years,
House No.419,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
2
Kumlogodu Post,
Bangalore - 560 074.
4. Smt.Indira,
Wife of Late Chinnadorai,
Aged about 39 years,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
5. V.Subramanyam,
Son of V.Chandrasekhar,
Aged about 48 years,
Residing at No.225, 6th Main,
Behind Vidhyapeeta
Thyagarajanagar,
Bangalore - 560 028.
6. B.Srinivasa Naidu,
Son of Bheema Naidu,
Aged about 45 years,
Residing at No.19, 5th Main,
6th Cross, Hanumagirinagar Post,
Subramanyanagara,
Bangalore - 560 085.
7. B.Kumari,
Wife of B.Ravi,
Aged about 41 years,
Residing at 27, 4th Main,
Anjaneyanagara,
Behind Srinivasa Kalyana Mantapa,
Ittimadu Main Road,
Bangalore - 560 085.
8. Smt.Gowramma,
Wife of Krishnappa Naidu,
Aged about 45 years,
Residing at 27, 4th Main,
Anjaneyanagara,
3
Behind Srinivasa Kalyana Mantapa,
Ittimadu Main Road,
Bangalore - 560 085.
9. Krishnappa Naidu,
Son of Yeraiah Naidu,
Aged about 45 years,
Residing at No.27, 4th Main,
Anjaneyanagara,
Behind Srinivasa Kalyana Mantapa,
Ittimadu Main Road,
Bangalore - 560 085.
10. Smt.Parvathi Jagannatha Rao,
Wife of N.R.Jagannatha Rao,
Aged about 55 years,
Residing at No.Site No.53 & 54,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
11. Smt.T.Sarojamma,
Wife of Late Mahadevaiah,
Aged about 53 years,
15/32, Chenamma Layout,
KAS Polytechnic Hostel Road,
T.R.Nagara,
Bangalore - 560 028.
12. M.Krishnappa,
Son of Muniswamappa,
Aged about 63 years,
Residing at Site No.409,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumblogodu Post,
Bangalore - 560 074.
4
13. D.R.Chandrasekhar,
S/o. Ramaiah Setty,
Aged about 54 years,
Residing at 18, CMK Main Road,
Vidhyapeeta Layout,
Thyagarajanagara,
Bangalore - 560 028.
14. Smt.K.Kavitha,
Daughter of Krishnapa Naidu,
Aged about 26 years,
Residing at 34, 4th Main,
Anjaneyanagara,
Ittamedu Main Road,
Behind Srinivasa Kalyana Mantapa,
Bangalore - 560 085.
15. R.Purushotam,
Son of R.Muniswamy Naidu,
Aged about 44 years,
Residing at Site No.33,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumbalgodu Post,
Bangalore - 560 074.
16. Smt.N.Shanta Kumari,
Wife of D.Nagabhusan,
Aged about 50 years,
Residing at Site No.12,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
17. Smt.Sarojamma,
Wife of Late Thimmaiah,
Aged about 49 years,
Residing at 255, 7th Cross,
5
Vidhyapeeta Layout,
Thyagarajanagara,
Bangalore - 560 028.
18. M.N.Kamaraj Naidu,
Son of Narayanaswamy Naidu,
Aged about 37 years,
Residing at 695/A, 2nd A Cross,
Ashok Nagar,
BSK 1st Stage,
Bangalore - 560 050.
19. D.N.Narasimha Murthy,
Son of D.K.Narasimhaiah,
Aged about 34 years,
Residing at Site No.32,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
20. V.Mahadevan,
S/o.Varadharajulu,
Aged about 53 years,
Residing at Site No.47,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
21. G.Chinnaswamy,
Son of Gopal,
Aged about 46 years,
Residing at 212/6, 3rd Floor,
Swami Vivekananda Road,
Thyagarajanagar,
Bangalore - 560 028.
6
22. P.Suresh,
Son of Late Panduranga,
Aged about 42 years,
Residing at 20, 7th Cross,
Siddanna Garden,
K.P.Agrahara,
Bangalore - 560 023.
23. S.Shanmugam,
Son of S.Sundar,
Aged about 52 years,
Residing at Site No.30,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
24. Smt.K.Saroja,
Wife of Shanmugam,
Aged about 43 years,
Residing at Site No.29,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
25. H.P.Lakshman,
Son of Putte Gowda,
Aged about 39 years,
Residing at No.250, Shiva Nilaya,
6th Cross, 6th Main,
Gururaja Layout,
Thyagarajanagar,
Bangalore - 560 028.
26. N.Yogesh,
Son of D.Nagabhusan,
Aged about 26 years,
Old Sy.No.55, New Sy.No.55/1,
7
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
27. G.Venkatesh,
S/o.Late Gurappa Reddy,
Aged about 36 years,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
28. Smt.D.Bharathi,
Wife of L.Dhamodar,
Aged about 59 years,
Residing at 225, 6th Main,
Behind Vidhyapeeta,
Gururaja Layout,
Thyagarajanagar,
Bangalore - 560 028.
29. Smt.K.Kannamma,
Wife of Gurappa,
Aged about 69 years,
Residing at 212, 5th Main,
Behind Vidhyapeeta,
Gururaja Layout,
Thyagarajanagar,
Bangalore - 560 028.
30. R.Eswari,
Wife of R.Subramanyam,
Aged about 59 years,
Residing at Site No.25,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
8
Bangalore - 560 074.
31. Smt.B.Vijaya Chanudeswari,
Wife of B.Venkatesh Prasad,
Aged about 47 years,
Residing at No.22, 2nd Floor,
9th Cross, Omshakthi Nagar,
Chenchanaghatta Main Road,
J.P.Nagar,
Bangalore - 560 072.
32. M.Swarajya Lakshmi,
Wife of M.Shankar Rao,
Aged about 66 years,
Residing at No.22, 2nd Floor,
9th Cross, Omshakthi Nagar,
Chenchanaghatta Main Road,
J.P.Nagar,
Bangalore - 560 072.
33. Shesappa,
Son of Late Dharmanna Mulya,
Aged about 46 years,
Residing at No.11,
Kempamma Dasappa Nilaya,
2nd Floor, 9th cross,
Vidhyapeeta Road,
Kengeri,
Bangalore - 560 060.
34. R.Shiva Kumar,
Son of S.Rudra Reddy,
Aged about 31 years,
Residing at Site No.48,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
35. V.Ranjani,
Wife of Shiva Linga Reddy,
9
Aged about 33 years,
Residing at Site No.6,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074.
36. Smt.Arasamma,
Wife of K.Veeramani,
Aged about 42 years,
Residing at Site No.27,
Old Sy.No.55, New Sy.No.55/1,
Challaghatta Village,
Ramohalli Village Panchayat,
Kengeri Hobli,
Kumlogodu Post,
Bangalore - 560 074. ... Petitioners
(By Dr.V.C.Jagannath, Advocate)
AND:
1. The State of Karnataka,
Urban Development Department,
M.S.Building,
Bangalore - 560 001,
Represented by its Secretary.
2. Bangalore Development Authority,
T.Chowdaiah Road, Kumara Park West,
Bangalore - 560 020
Represented by its Commissioner.
3. The Land Acquisition Officer,
T.Chowdaiah Road,
Kumara Park West,
Bangalore - 560 020. ...Respondents
(By Sri H.T.Narendra Prasad, AGA for R1:
Sri B V Shankarnarayana Rao, Advocate for R2 and R3)
10
These writ petitions are filed under Articles 226 and 227 of
the constitution of India praying to quash the preliminary
notification, dated 21.5.2008 issued under section 4(1) of the Land
Acquisition Act vide Annexure-A issued by the respondents and
etc.
These writ petitions, coming on for preliminary hearing in 'B'
Group, this day, the Court made the following:
ORDER
Sri B.V.Shankar Narayana Rao, the learned counsel appearing for the respondent Nos. 2 and 3 files a memo duly signed by himself and by the Special Land Acquisition Officer, Bangalore Development Authority. The memo is taken on record. The memo reads as follows:
"The respondent Nos. 2 and 3 beg to submit as hereunder:
1. As per the information and records, the schedule property consists of 36 sites situated in Sy.No.55/1 of Challaghatta Village
2. Out of 36 petitioners, the following petitioners have produced the copies of sale deeds along with the writ petition. The name of the petitioners and respective site numbers are given below:11
Sl.No. Petitioner's name Site Number 1 Sri R.Muniraju (Petitioner No.1) 50 2 Smt.Chandramma (Petitioner 49 No.2) 3 Sri B.Srinivasa Naidu 1 (Petitioner No.6) 4 Smt.B.Kumari (Petitioner No.7) 37 5 Smt.Gowramma and Sri 34 Krishnappa Naidu (Petitioner Nos.8 & 9) 6 Smt.N.Shantha Kumari 38 (Petitioner No.16) 7 Smt.Sarojamma (Petitioner 12 No.17) 8 Smt.Arasamma (Petitioner 27 No.36)
3. From and out of 8 sites stated above, since the original sale deeds were not produced before the Land Acquisition Officer, Bangalore Development Authority, these sites do not form part of 3059 sites as recommended for exclusion by the Bangalore Development Authority vide letter dated 17.08.2011.
4. In the event of petitioners producing the original sale deeds as required, the same will be forwarded to the State Government for necessary action.
5. In view of the above, this Hon'ble Court be pleased to dispose off the instant writ petition, in the interest of justice and equity."12
2. Sri H.T.Narendra Prasad, the learned Additional Government Advocate for the first respondent State Government submits that the BDA has sent one more letter, dated 03.08.2013 furnishing the name of the site holder, site number, the extent of the site and other particulars. The said letter is received by the Government on 05.08.2013. He submits that the BDA's proposal would be considered in accordance with law. He seeks three months' time for taking a decision in the matter.
3. Sri Narendra Prasad, further submits that if, as and when the BDA furnishes the particulars of the sites for their deletion from acquisition, the Government would take a decision in the matter in accordance with law and expeditiously.
4. On hearing the learned advocates, I dispose of these petitions as follows:
(a) The State Government shall consider the BDA's proposals contained in its letters, dated 17.08.2011 and 03.08.2013 for the withdrawal of the sites of the petitioner 13 Nos. 3 to 5, 10 to 15 and 18 to 35 from acquisition in accordance with law and as expeditiously as possible and in any case within an outer limit of three months from the date of the issuance of the certified copy of today's order.
(b) The petitioner Nos. 1, 2, 6 to 9, 16, 17 and 36 shall produce the sale deeds before the respondent No.3 within ten days from the date of the issuance of the certified copy of today's order. If the respondent No.3, on the verification of the original sale deeds, is satisfied that the petitioner Nos. 1, 2, 6 to 9, 16, 17 and 36 are the revenue site holders, he shall submit a report accordingly to the respondent No.2 within three weeks from the date of the production of the original sale deeds. The respondent No.2 shall forward the report with its remarks to the first respondent State Government without any loss of time. Thereafter, i.e., within three months from the date of the receipt of the recommendations from the second respondent, the first respondent State Government shall take a call on the issue of withdrawing the sites in question from the acquisition proceedings. 14
(c) Until such time that the respondents take the final decision, all the parties shall maintain status-quo in respect of possession.
(d) On taking the final decision, the first respondent shall communicate the same to the petitioners forthwith.
(e) Needless to observe that all the contentions are kept open.
5. No order as to costs.
Sd/-
JUDGE Cm/-