Bangalore District Court
Unknown vs Special Land Acquisition on 27 February, 2018
IN THE COURT OF THE II ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE AT BANGALORE (C.C.H. No.17)
Dated this the 27th of February, 2018.
PRESENT:
Shri. I.F. Bidari, B.Com.,LL.B.(Spl)
II Addl. City Civil and Sessions Judge, Bangalore.
LAND ACQUISITION CASE No.239/2003
CLAIMANTS :
1) Kaverappa, r/o Kembattahalli,
Uttarahalli Hobli, Bengaluru
South Taluka,
2) Shanthamma, r/o Kembattahalli,
Uttarahalli Hobli, Bengaluru
South Taluka,
3) Smt. Pillamma, w/o Kaverappa,
Kembattahalli, Uttarahalli Hobli,
Bengaluru South Taluka,
4) Thanamma, Dead by LRs
(4a) Smt. Nagamma w/o
Nanjundappa, 48 years,
(4b) Manujamma d/o late.
Nanjundappa, 30 years,
(4c) Bhagyamma d/o late.
Nanjubndappa, 25 years,
(4d) Narayana s/o late.
Nanjundappa, 20 years,
(4e) Muniyappa, s/o late.
Thanamma and
Hanumanthappa, 55
years,
All are residing at Mutta
Nallur village, Sarjapura Hobli,
Anekal Taluk, Bengaluru
District.
5) Smt. Nagamma, w/o
Nanjundappa, d/o late.
Kaverappa, 50 years, r/at
2 L.A.C. No.239/2003
Muthanalluru village, Anekal
Taluk, Bengaluru Rural District.
6) Smt. Motamma, w/o Venkatesh,
d/o late. Kaverappa, 48 years,
r/at Kagganuru village, Hosur
Taluk, T.N.
7) Sri. Subbanna, w/o Goudappa,
d/o late. Kaverappa, 45 years,
r/at Kambanathahalli,
Uttarahalli Hobli, Bengaluru
South Taluka.
8) Smt. Parvathamma w/o V. Raju,
d/o late. Kaverappa, 40 years,
r/at Jambusavari Dinne,
Kothanuru village, Uttarahalli
Hobli, Bengaluru South Taluka.
(Claimant No.1 - Absent)
(claimant No.2 - Sri NL, Advocate)
(claimant No.3, 5 to 8 - Sri.KRK, Advocate)
(Claimant No.4(a) & (b) by Sri. MNR, Advocate)
(Claimant No.4(e) by Sri.SV, Advocate)
-VERSUS-
RESPONDENT : Special Land Acquisition
Officer, Bangalore Develop-
ment Authority, Bangalore.
(By Sri.M.G. Advocate)
: JUDGMENT :
The Spl. Addl. Land Acquisition Officer (here-in- after referred as LAO), Bengaluru Development Authority (here-in-after referred as BDA), Bengaluru have made this reference u/ss.30 and 31(2) of Land Acquisition Act, 1894 (here-in-after referred as L.A. Act). The land to the extent of 1 acre 1 gunta in Sy.No.16 of 3 L.A.C. No.239/2003 Kembathahalli village, Uttarahalli Hobli, Bengaluru South Taluka, is being acquired for further extension of Anjanapura layout in Bengaluru. The preliminary notification in No.BDA/SLAO/C4/PR/638/2000-01 dated 17.03.2001, is published in Karnataka State Gazette dated 20.03.2001. The final notification in No.UDD/10/MNX 2000 dated 04.03.2002, is published in Karnataka State Gazette dated 21.03.2002. The LAO resorting to the provisions of Bengaluru Development Authority Act 1976 (here-in-after referred as BDA Act) and provisions of L.A. Act passed an award dated 23.05.2002 under Section 11 of the L.A. Act, resorting to the provisions of BDA Act and L.A. Act, wherein, acquired other lands including the aforesaid acquired land in this reference for further extension of Anjanapura layout at Bengaluru. The LAO awarded the compensation to the aforesaid acquired land, but the persons who claims, as owners and having interest in the aforesaid acquired land, failed to produce title deeds of the aforesaid acquired land. Therefore, the learned LAO made this reference under Sections 30 and 31(2) of 4 L.A.C. No.239/2003 L.A. Act and sent an amount of Rs.6,17,836/- awarded to the aforesaid acquired land.
.2. This court, on receipt of the reference from the LAO, registered the same in L.A.C. No. 239/2003 on the file of this court. Pursuant to the notice, the claimants 2 to 4 and respondent appeared through their respective counsel. The claimant No.1 remained absent, in-spite of service of notice through paper publication. The claimants 5 to 8 are impleaded, during pendency of the reference. The claimant No.4 has died, during pendency of the reference, consequently, her LRs are brought on record, as claimants 4(a) to (e).
.3. The claimant No.4 Thanamma has filed claim statement, wherein, averred that the lands measuring 2 acres 3 guntas, 4 acres 4 guntas and 32 guntas in Sy.Nos.7, 16 and 98, respectively, of Kembathahalli village, were belonged to her father Thoti Ramaiah as the said lands were Thoti Inams lands. Smt. Motamma is a wife of late. Thoti Ramaiah and they had 6 issues namely (1) Smt. Thanamma (claimant No.4); (2) 5 L.A.C. No.239/2003 Kaverappa; (3) Kaveramma; (4) Muniyappa; (5) Muniswamapapa and (6) Krishnappa. The father of claimant No.4 Ramaiah and his wife Motamma have died intestate, leaving behind them the aforesaid children as their legal heirs. The respondent has acquired the aforesaid lands for formation of further extension of Anjanapura layout at Bengaluru. The claimant No.4 has 1/6th share in the aforesaid acquired land. Therefore, prayer of the claimant No.4 is to release the compensation amount deposited in this reference to the extent of 1/6th share awarded, to the acquired lands.
.4. After the death of claimant No.4, her legal heirs have filed additional claim statements, wherein averred almost similar facts, much less as averred in the claim statement of claimant No.4. The LRs of claimant No.4 averred that the claimant No.4 has died intestate, having 1/6th share in the aforesaid acquired land and they prayed to release the compensation deposited in this reference, to the extent of 1/6th share 6 L.A.C. No.239/2003 of deceased claimant No.4 out of compensation awarded to the acquired land.
.5. The claimants 3 and 5 to 8 have filed the common claim statement, where-in averred that the lands in Sy.Nos.7, 16 and 98 measuring 2 acres 3 guntas, 4 acres 4 guntas and 32 guntas respectively, situated at Kembathahalli village, were belonged to late. Ramappa. The late. Ramappa had 4 sons namely (1) Kaverappa; (2) Muniyappa; (3) Muniswamy and (4) Krishnappa. The late. Ramappa had 2 daughters namely (1) Kaveramma and (2) Thanamma. The aforesaid lands were Thoti Inam lands. After the death of Ramappa, the aforesaid 4 sons jointly did file an application for re-grant of the aforesaid lands. The Asst. Commissioner, Bengaluru Sub division, Bengaluru in case No.HOA(S)235/1968-69 dated 20.08.1979 re- granted the aforesaid lands in the names of sons of Ramappa namely (1) Kaverappa; (2) Muniyappa; (3) Muniswamy and in the name of Smt. Muniyellamma wife of Krishnappa, son of Ramappa, as Krishnappa 7 L.A.C. No.239/2003 had died by that time. Therefore, the aforesaid 3 sons and Smt. Muniyellamma were possessing and enjoying the aforesaid re-granted lands as owners and were in joint possession and enjoyment of the same as owners. The said Kaverappa the husband of the claimant No.3 Pillamma, has died intestate, leaving behind herself being wife and daughters claimants 5 to 8, to succeed to the lands re-granted in the name of late. Kaverappa. Thereafter the death of Kaverappa, the claimant No.2 Shanthamma who is a daughter-in-law of claimant No.3 Pillamma did file the suit for partition and separate possession against her and her daughters claimants 5 to 8 in O.S. No.203/2003, on the file of Civil Judge (Sr.Dvn) Court, Bengaluru Rural District, Bengaluru, for partition and separate possession of shares of her minor children and herself, out of re-granted lands in the name of late. Kaverappa. The said suit O.S. No.203/2003 after contest ended in compromise, wherein, the claimant No.2 and her minor children and claimant No.3 Pillamma are agreed to be given compensation of the acquired land, in respect of re- 8 L.A.C. No.239/2003 granted aforesaid lands in-favour of late. Kaverappa and incentive sites which were to be granted pursuant to the acquisition are agreed to be given to the claimants 5 to
8. Therefore, prayer of the claimants 3 and 5 to 8 is to release the compensation amount deposited in this reference awarded to the acquired land, in-favour of claimant No.2 and claimant No.3 and remaining claimants and others are not entitle for compensation.
.6. The claimant No.4(e) Muniyappa to substantiate the claim of LRs of deceased claimant No.4 has got examined himself as PW.1. The documents at Exs.P.1 and 2 are marked in his evidence. The claimant No.3 Smt.Pillamma is being examined as PW.2, to substantiate the claims of claimants 3 and 5 to 8. The documents at Exs.P.17 to 23 are marked during her evidence.
.7. The respondent has not adduced either oral or documentary evidence, on his behalf.
9 L.A.C. No.239/2003
.8. I have heard Sri. MPK the learned counsel for the claimant No.4(e). The argument of remaining claimants taken as nil. I have heard Sri.VS, Advocate, on behalf of MG, Advocate for the respondent. The written argument is being filed on behalf of claimants 3, 5 to 8. Perused the records and written argument.
.9. The points that would arise for consideration of this court are:
(1) Who amongst the claimants are entitle to receive the compensation amount deposited in this reference, awarded to the acquired land and to what amount?
(2) What order or award?
.10. My findings on the above points are:
Point No.1 : Claimant No.3 Smt.Pillamma w/o Kaverappa is entitle for an amount of Rs.3,08,918/- and claimant No.2 Smt. Shanthamma and her children together entitle for remaining amount of Rs.3,08,918/-, out of deposited compensation amount of Rs.6,17,836/- awarded to the acquired land.
Point No.2 : As per final order, for the following:10 L.A.C. No.239/2003
REASONS .11. POINT No.1: The PW.1 Muniyappa s/o late. Hanumanthappa, has filed an affidavit, in lieu of his chief examination, reiterating most of averments of additional claim statement of legal heirs of deceased claimant No.4 and also most of the averments of claim statement of deceased claimant No.4 Thanamma. The PW.1 Muniyappa has deposed as GPA holder of his mother claimant No.4 Thanamma also. The Ex.P.1 is a GPA dated 15.02.2006 executed by deceased Thanamma during her lifetime in-favour of her son PW.1 Muniyappa. The Ex.P.2 is said to be genealogical tree of family of Thoti Ramaiah, his children and grand children issued by Village Accountant, Anjanapura circle, Bengaluru south Taluka. The PW.2 Pillamma w/o late. Kaverappa who is claimant No.3, has filed an affidavit, in lieu of her chief-examination, reiterating most of the averments of claim statement of claimants 3 and 5 to 8. The documents at Ex.P.17 to 23 are marked during evidence of PW.2. The Ex.P.19 is a certified copy of order dated 20.08.1979 in case No.HOA(S)235/68-69 11 L.A.C. No.239/2003 passed in the court of Asst. Commissioner, Bengaluru South Sub-division, Bengaluru. This Ex.P.19 evidences that in view of the Karnataka Village Offices Abolition Act 1961, the land bearing Sy.Nos.7, 16 and 98 measuring 2 acres 3 guntas, 4 acres 4 guntas and 32 guntas respectively of Kembathahalli village, which were held by late. Ramappa as Thoti Inam land, after his death, on application being filed by his sons and Smt. Muniyellamma w/o late. Krishnappa, another son of Ramappa, have been re-granted as descried therein. The Ex.P.19 evidences that the lands measuring 21 guntas, 1 acre 1 gunta and 8 guntas in Sy.Nos.7,16 and 98 respectively are being re-granted to each the sons of late. Ramappa namely (1) Kaverappa; (2) Muniyappa;
and (3) Muniswamappa respectively. The lands measuring 21 guntas, 1 acre 1 guntas and 8 guntas in Sy.Nos. 7, 16 and 98 respectively are being re-granted in the name of Muniyellamma w/o late. Krishnappa and the said late. Krishnappa was son of late. Ramappa and brother of the aforesaid 3 sons of late. Ramappa. The Ex.P.17 is certified copy of an index of lands, wherein, 12 L.A.C. No.239/2003 the names of aforesaid 3 sons and Mumiyellamma have been recorded, to the extent of lands re-granted to each one of them as mentioned in Ex.P.19. The Ex.P.18 is a certified copy of records of right. The RTC extracts for the period from 1969-70 to 1999-2000 pertaining to Sy.No.16, the land measuring 4 acres 4 guntas of Kembathahalli village, evidences that thereafter re-grant of the lands, the name of Muniyellamma has been recorded in the khabjedar's column, to the extent of 1 acre 1 gunta. The Ex.P.21 is a certified copy MR No.2/84-85 of Kembathahalli village, wherein, names of the aforesaid 3 sons of late. Ramappa and Smt. Muniyellamma have been mutated to the extent of lands re-granted to them in Sy.Nos. 7, 16 and 98 respectively of Kembathahalli village, as per the order mentioned in Ex.P.19. The PW.1 during cross-examination deposed that late. Thoti Ramaiah is father of his mother Thanamma. The evidence of PW.1, in the chief- examination, as well, in the cross-examination and also in the claim statement of claimants 4(a) to 4(e) and in the claim statement of deceased claimant No.4, is that 13 L.A.C. No.239/2003 deceased claimant No.4 Smt. Thanamma is a daughter of late. Ramaiah, as such, she has got 1/6th share in all the lands which were re-granted under Ex.P.19, since, her father Ramaiah was holding same for joint family. Admittedly, the LRs of deceased claimant No.4 have not produced any documentary evidence to prove that the re-grant of the aforesaid lands in Sy.Nos.7, 16 and 09 of Kembathahalli village, in the names of 3 sons of late. Ramappa and in the name of Muniyellamma w/o late. Krishnappa son of late. Ramappa, were re-granted to them for and on behalf and for the benefit of the joint undivided Hindu family of late. Ramaiah. Per contra, the re-grant of strips of lands in the names of 3 sons of late. Ramaiah and Muniyellamma, under Ex.P.19, evidences that they were re-granted in their personal or individual capacity and not for and on behalf of undivided Hindu joint family of late. Ramappa. The subject matter of this reference is the compensation awarded to the acquired land measuring 1 acre 1 guntas in Sy.No.16 of Kembathahalli village. The PW.2 in her chief examination has stated that after re-grant of 14 L.A.C. No.239/2003 the aforesaid lands mentioned in Ex.P.19, her husband Kaverappa has died intestate and her son Narayanappa had also died intestate and subsequently, her daughter- in-law claimant No.2 Shanthamma along with her children did file suit in O.S. No.203/2003 in the court of Civil Judge (Sr.Dvn) Court, Bengaluru Rural District at Bengaluru, for partition and separate possession of their shares in the suit schedule properties therein, which also includes the aforesaid strips of lands allotted in the name of Kaverappa in Sy.Nos.7, 16 and 98 of Kembathahalli village. The PW.2 further stated that her daughters claimants 5 to 8 also impleaded as defendants in O.S. No.203/2003 and ultimately, the compromise has been entered between them in the said suit. The Ex.P.22 is a certified copy of decree in O.S. No.203/2003 and Ex.P.23 is a certified copy of compromise petition filed under order 23 rule 3 r/w section 151 of C.P.C. in O.S. No.203/2002. These Exs.P.22 and 23 evidences that the claimant No.2 Shanthamma herein as a plaintiff did file a suit in O.S. No.203/2003 against defendant No.1 therein Smt. 15 L.A.C. No.239/2003 Pillamma who is a claimant No.3 herein, for partition and separate possession of separate shares of the suit schedule property therein, which includes the strips of lands re-granted under Ex.P.19, in the name of late. Kaverappa the husband of claimant No.3 Pillamma herein, who was a defendant No.1 in O.S. No.203/2003 along with other schedule properties mentioned in the said suit, the claimants 5 to 8 who are daughter of claimant No.3 herein have been impleaded as defendants 2 to 5 in O.S. No.203/2003. The plaintiff therein Shanthamma in O.S. No.203/2003 who is claimant No.2 in the instant claim, is a wife of Narayanappa son of claimant No.3 Pillamma and her husband late. Kaverappa and after the death of Narayanappa as intestate the said Shanthamma did file O.S. No.203/2003 along with her minor children. These Exs.P.22 and 23 evidences that in the said O.S. No.203/2003, the plaintiffs and the defendants had entered into the compromise, where-under the claimant No.3 herein Pillamma who was defendant No.1 in O.S. No.203/2003, agreed to receive 50% of the 16 L.A.C. No.239/2003 compensation amount awarded to the re-granted lands in the name of Kaverappa in Ex.P.19 and claimant No.2 herein Shanthamma and her children who were plaintiffs in O.S. No.203/2003 agreed to receive remaining 50% of the said compensation to the said lands, whereas, the defendants 2 to 5 who are claimants 5 to 8, in the instant reference and daughters of claimant No.3 Pillamma, agreed to take incentive sites to be allotted in lieu of acquired lands going to be granted by the respondent. The records in this reference disclose that the case in L.A.C. No. 240/2003 with-regard to the acquisition of 16 guntas land in Sy.No.98 of Kembathahalli village, mentioned in Ex.P.19 is also pending, on the file of this court, which is also fixed for judgment today and L.A.C. No. 236/2003, which was also in connection with the acquisition of lands mentioned under Ex.P.19 has been disposed off, by this court on 16.04.2007. The judgment in L.A.C. No. 236/2003 dated 16.04.2007 evidences that Kaverappa and his wife and children did sell 21 guntas land in Sy.No.7 of Kembathahalli village, in-favour of 17 L.A.C. No.239/2003 Smt. Venkatalakshmi, who was claimant No.2 in L.A.C. No. 236/2003, accordingly, it was held in L.A.C. No. 236/2003 that the said claimant No.2 Smt. Venkatalakshmi is entitle to receive compensation in- respect of 21 guntas of land in Sy.No.7 of Kembathahalli village, sold in her favour. These materials and evidence on record proves that since the re-grant of the lands under Ex.P.19, in view of the Karnataka Village Offices Abolition Act 1961, as evidence through Ex.P.19, late. Kaverappa during his life-time, since re-grant of lands in Sy.Nos.7, 16 and 98 measuring 21 guntas, 1 acre 1 guntas and 8 guntas dealt with as his personal and individual properties and has sold 21 guntas re- granted land in Sy.No.7 in-favour of claimant No.2 Smt. Venkatalakshmi in L.A.C. No. 236/2003. Therefore, it is evident that the acquired land measuring 1 acre 1 guntas in Sy.No.16 of Kembathahalli village, in-respecpt of which, this reference is made, in the instant reference, was belonged to late. Kaverappa in his individual capacity and it was his personal property and not the joint Hindu undivided family property of late. 18 L.A.C. No.239/2003 Ramappa and his sons. The LRs of deceased claimant No.4 failed to adduce cogent, clinching and convincing evidence to prove that the acquired land in this reference was the joint family property of Ramappa and his children and grand-children, much less, as contended by them. The evidence of PW.2 and claim statement of claimants 3 and 5 to 8 and also the Exs.P.22 and 23 evidences that as on today the claimant No.1 Kaverappa is no more and he died intestate and his son Narayanappa who is husband of claimant No.2 Shanthamma, has also died, under the circumstances, the claimant No.3 Pillamma and claimant No.2 Shanthamma and her children are entitle to receive compensation of the acquired land, awarded in this reference in the ratio of 50-50. Therefore, the claimant No.3 Smt. Pillamma w/o late. Kaverappa is entitle to receive an amount of Rs.3,08,918/- with proportionate interest and claimant No.2 Smt. Shanthamma w/o late. Narayanappa and her children together are entitle to receive remaining compensation amount of Rs.3,08,918/- with proportionate interest, 19 L.A.C. No.239/2003 deposited in this reference, awarded to the acquired land, measuring 1 acre 1 guntas in Sy.No.16 of Kembathahalli village and remaining claimants are not entitle to receive any compensation amount in this reference. Accordingly, I hold this point No.1 for consideration.
.12. POINT NO.2: In view of my finding on the aforesaid mentioned point No.1, I proceed to pass the following:
ORDER The reference under Sections 30 and 31(2) of the Land Acquisition Act 1894 is partly allowed.
The claimant No.3 Smt. Pillamma w/o late. Kaverappa is entitle to receive an amount of Rs.3,08,918/- with proportionate interest and claimant No.2 Smt. Shanthamma w/o late. Narayanappa and her children together are entitle to receive remaining amount of Rs.3,08,918/- with proportionate interest, deposited in this reference, awarded to the acquired land, measuring 1 acre 1 gunta, in Sy.No.16 of Kembathahalli village.20 L.A.C. No.239/2003
The claimant No.3 Pillamma and claimant No.2 Shanthamma, shall have to execute indemnity bonds with one surety each, undertaking to re-deposit the compensation amount either in this court or in any other courts, if ordered to do so, which amount they are going to receive in this reference.
The claim of remaining claimants is hereby rejected.
Draw award accordingly.
(Dictated to the Judgment Writer, transcribed by her, revised by me and after corrections, pronounced in open Court on this the 27th day of February, 2018.) (I.F. Bidari) II Addl. C.C. and Sessions Judge, Bangalore.
HA N N E X U R E
1. WITNESSES EXAMINED FOR CLAIMANTS:
PW-1 : Muniyappa PW.2 : Pillamma
2. DOCUMENTS MARKED FOR THE CLAIMANTS:
Ex.P.1 : GPA dated 15.02.2006
Ex.P.2 : Genealogical tree
21 L.A.C. No.239/2003
Ex.P.17 : Certified copy of index of land
Ex.P.18 : Certified copy of RTC
Ex.P.19 : Certified copy of order passed by A.C.
dated 20.08.1979
Ex.P.20 : Certified copy of RTC
Ex.P.21 : Mutation register extract
Ex.P.22 : Decree copy in O.S. No.203/2003
Ex.P.23 : Compromise copy in O.S.
No.203/2003
3. WITNESSES EXAMINED FOR THE RESPONDENT:
Nil
4. DOCUMENTS MARKED FOR THE RESPONDENT:
Nil (I.F. Bidari), II Addl. C.C. and Spl. Judge, Bangalore.22 L.A.C. No.239/2003
(Judgment pronounced in open court) Vide separate order ORDER The reference under Sections 30 and 31(2) of the Land Acquisition Act 1894 is partly allowed.
The claimant No.3 Smt. Pillamma w/o late. Kaverappa is entitle to receive an amount of Rs.3,08,918/- with proportionate interest and claimant No.2 Smt. Shanthamma w/o late. Narayanappa and her children together are entitle to receive remaining amount of Rs.3,08,918/- with proportionate interest, deposited in this reference, awarded to the acquired land, measuring 1 acre 1 gunta, in Sy.No.16 of Kembathahalli village.
The claimant No.3 Pillamma and claimant No.2 Shanthamma, shall have to execute indemnity bonds with one surety each, undertaking to re-deposit the compensation amount either in 23 L.A.C. No.239/2003 this court or in any other courts, if ordered to do so, which amount they are going to receive in this reference.
The claim of remaining claimants is hereby rejected.
Draw award accordingly.
II Additional C.C. and Sessions Judge, Bangalore 24 L.A.C. No.239/2003 25 L.A.C. No.239/2003 (Judgment pronounced in open court) Vide separate order ORDER The reference filed under Sections 30 and 31(2) of the Land Acquisition Act 1894 is allowed.
The claimant Appayyanna is entitle to receive the compensation amount of Rs.16.28,792/- deposited in this reference, awarded to the acquired land in this reference, with accrued interest on the said deposit amount.
The claimant shall have to execute an indemnity bond with one surety, undertaking to re-deposit the compensation amount either in this court or in any other courts, if ordered to do so, which amount he is going to receive in this reference.
Draw award accordingly.
II Additional C.C. and Sessions Judge, Bangalore 26 L.A.C. No.239/2003