IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.17895/2016(LA-BDA) C/W W.P.Nos.13812-13823/2016(LA-BDA) IN W.P.NO.17895/2016:
BETWEEN:
SMT. LATHA NAGARAJ WIFE OF SRI. K.N. NAGARAJ AGED ABOUT 46 YEARS RESIDING AT NO.1941, FIRST FLOOR "SRI GANESH", 11TH MAIN "A" BLOCK, SUBRAMANYANAGAR BENGALURU – 560 010.
... PETITIONER (BY SRI. N. BYREGOWDA., ADVOCATE ON BEHALF OF SRI. N.S. SANJAY GOWDA., ADVOCATE) AND:
1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU – 560 001.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY KUMARA KRUPA, T. CHOWDAIAH ROAD BENGALURU – 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK, T. CHOWDAIAH ROAD BENGALURU – 560 020.
4. THE ASSISTANT EXECUTIVE ENGINEER NORTH SUB-DIVISION, B.D.A. COMPLEX R.T. NAGAR, BENGALURU – 560 032.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARIAH., HCGP FOR R-1) THIS W.P. IS FILED PRAYING TO DIRECT THE RESPONDENTS TO STATE ONLY CORRECT THE BOUNDARIES OF THE ACQUIRED LAND MEASURING 1 ACRE 09 GUNTAS OF SY.NO.95, SITUATED AT RACHENAHALLI VILLAGE, K.R. PURAM HOBLI, BANGALORE EAST TALUK, INSTEAD OF STATING THE BOUNDARIES OF ENTIRE SURVEY NUMBER IN THEIR DECLARATION [ANNEX-M & N] IF NECESSARY, BY ISSUING A CORRIGENDUM TO THIS EFFECT.
IN W.P.Nos.13812-13823/2016: BETWEEN:
1. MR. MOHAMMED AYUB AHMED SON OF MR. MOHAMMED IQBAL AHMED AGED ABOUT 43 YEARS RESIDING AT NO.357, 3RD CROSS 1ST BLOCK, R.T. NAGAR BENGALURU - 560 032.
2. SRI. L. LAKSHMANA SON OF LATE SRI. K. LOGANATHAAN AGED ABOUT 53 YERS RESIDING AT NO.43 III CROSS HMT LAYOUT, MATHIKERE BENGALURU - 560 054.
3. SRI. P. LAVA KUMAR SON OF SRI. M. POOSWAMY AGED ABOUT 59 YEARS RESIDING AT NO.251, 5TH MAIN 3RD CROSS, VIVEK NAGAR POST OFFICE BENGALURU - 560 047.
4. SRI. B.V. NAGARAJA SON OF LATE SRI. B.K. VENKATAPPA AGED ABOUT 69 YEARS RESIDING AT NO.21, 6TH MAIN NARAYANAPPA BLOCK R.T. NAGAR, BANGALORE - 560 032 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 5. SRI. B.S. SATYANARAYANA RAO SON OF LATE SRI. SUBBARAYA CHETTY AGED ABOUT 59 YEARS RESIDING AT ‘SATYADEVA’ NO.427, 5TH MAIN, II BLOCK HRBR LAYOUT, KALYANAGAR BENGALURU - 560 043.
6. SRI. MADHVA KULKARNI SON OF SRI. BAPURAO KULKARNI AGED ABUOT 80 YEARS RESIDING AT H.NO.2844, 13TH MAIN ‘E’ BLOCK, RAJAJINAGAR II STAGE BENGALURU - 560 010 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 7. SRI. BALAWANT MANGOLI SON OF SRI. NARSINHA MANGOLI AGED ABOUT 72 YEARS RESIDING AT H. NO.2844, 13TH MAIN ‘E’ BLOCK, RAJAJINAGAR II STAGE BENGALURU - 560 010 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 8. SRI.P.VENKAT SON OF SRI. P.R. RAO AGED ABOUT 65 YEARS RESIDING AT NO.D-259 ARUND VIHAR, DELHI - 110 092 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 9. SRI. M.L. NARASIMHA MURTHY SON OF LATE SRI. L. LAKSHMINARANAIAH AGED ABOUT 64 YEARS RESIDING AT NO.394/B, ROYAL PARK RESIDENCY, J.P. NAGAR 9TH PHASE ANJANAPURA POST BENGALURU - 560 108 (BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED) 10. SRI. RAJESH S PATIL SON OF SRI. SHIVAYOGI C PATIL AGED ABOUT 48 YEARS RESIDING ATNO.8-11-181/846 VIDYANAGAR, RAICHUR - 560 108.
11. SRI. P.A. PARAMESWARAN SON OF LATE SRI. P.A. ADISESHAIAH AGED ABOUT 59 YEARS RESIDING AT NO.354, B5 GODAVARI BLOCK N.G.V. KORAMANGALA BENGALURU - 560 049.
12. SMT. B. CHANDRA KUMARI WIFE OF SRI. B. SATYANARAYANA RAO AGED ABOUT 52 YEARS RESIDING AT NO.427, 5TH MAIN 2ND BLOCK, HRBR LAYOUT KALYANANAGAR BENGALURU - 560 043.
... PETITIONERS (BY SRI. N. BYREGOWDA., ADVOCATE) AND:
1. GOVERNEMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU - 560 001.
2. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMARA KRUPA T. CHOWDAIAH ROAD BENGALURU - 560 020.
3. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD BENGALURU - 560 020.
4. THE ASSISTANT EXECUTIVE ENGINEER NORTH SUB-DIVISION B.D.A. COMPLEX, R.T. NAGAR BENGALURU - 560 032.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARIAH., HCGP FOR R-1;
SRI. V. KRISHNAMURTHY., ADVOCATE FOR R-2 TO R-4) THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIERCT THE RESPONDENTS TO STATE ONLY CORRECT THE BOUNDARIES OF THE ACQUIRED LAND MEASURING 1 ACRE 09 GUNTAS OF SY.NO.95 SITUATED AT RACHENAHALLI VILLAGE, K.R.PURAM HOBLI, BANGALORE EAST TALUK, INSTEAD OF STATING THE BOUNDARIES OF ENTIRE SY.NUMBER IN THEIR DECLARATION [ANNEX-W AND X] IF NECESSARY, BY ISSUING A CORRIGENDUM TO THIS EFFECT.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought for the following reliefs.
“(i) Issue writ of mandamus, directing the respondents to state only correct the boundaries of the acquired land measuring 1 acre 09 guntas of Survey No.95, situated at Rachenahalli village, K.R. Puram Hobli, Bangalore East Taluk, instead of stating the boundaries of entire survey number in their declaration (Annexures-M, N, W and X), if necessary, by issuing a corrigendum to this effect.
(ii) Direct the respondents to ensure that the lands excluded from the preview of acquisition i.e., the land measuring 2 acres 25 guntas (purchased by the Central Excise House Building Co-operative Society Ltd.,) is clearly stated and specified in the declarations.
(iii) Direct the respondents, its officials, contractors, its henchmen, its representatives, anybody claiming under them from interfering with the peaceful possession and enjoyment of the suit schedule property by the petitioner.”
2. I have heard the arguments of Sri. N Byregowda learned Advocate appearing on behalf of Sri. N.S.Sanjay Gowda for petitioners and Sri. S.Chandrashekariah, learned HCGP appearing for respondent -1, Sri. G.H.Ravikumar appearing on behalf of Sri. B.S. Sachin for respondents -2 to 4. Perused the records.
3. Petitioners are claiming to be the owners of sites formed by the Customs and Central Excise House Building Co-operative Society Ltd., either directly purchasing from Society or having purchased the same from the allottees of the society. The description of the property is as mentioned in schedule to the respective writ petitions.
4. It is the grievance of petitioners that said sites have been formed in Sy.Nos. 112 and 95 of Rachenahalli village, K.R. Puram Hobli, Bangalore East Taluk and insofar as Sy.No.112 of Rachenahalli is concerned, there is no dispute to the fact that it is not the subject matter of acquisition as per notification dated 18.06.2014. However, an extent of 1 acre 9 guntas in Sy.No.95 situated at Rachenahalli village, K.R. Puram Hobli, Bangalore East Taluk is sought to be acquired under notifications dated 23.02.2004– Annexures-M and W and 18.06.2014- Annexures-N and X at Sl.No.176 and 368 of the respective notifications indicating thereunder that an extent of 1 acre 9 guntas was being acquired for the purposes of formation of Arkavathi Layout. However, description of property in said notification which are at Annexures- M, N, W and X, has been described as relating to entire extent i.e., 3 Acres 34 guntas, which was initially sought to be acquired under the preliminary notification dated 03.02.2003. However, on account of representations said to have been submitted by the society, 2 acres 25 guntas was not included in the notification dated 23.02.2004 as well as notification issued on 18.06.2014. In other words, what is sought to be acquired was only to an extent of 1 acre 9 guntas in Sy.No.95 of Rachenahalli village. Yet, respondents -2 to 4 have indicated in the schedule to the notification namely, in the boundaries as though said description relates to entire extent of 3 acres 34 guntas. In fact, representation submitted by the society dated 24.02.2016- Annexure-R is said to have not been considered by the BDA and thereafter society is said to have not pursued the grievance, obviously on account of all the sites formed by it in said land having been allotted to its members or sold.
5. It is in this background, petitioners who have now acquired title to sites as morefully described in the respective writ petitions are quite natural in exhibiting their anxiety by contending that entire boundaries of 3 acres 34 guntas have been reflected in the notification dated 18.06.2014 and as such, prayer sought for in the writ petitions deserves to be granted to allay their fear.
Hence, I proceed to pass the following:
ORDER (1) Writ petitions are hereby allowed.
(2) Respondents 2 to 4 are hereby directed to issue the corrigendum by correcting the boundaries of acquired land measuring 1 acre 9 guntas of Sy.No.95 of Rachenahalli village, K.R. Puram Hobli, Bangalore East Taluk in substitution to the boundaries described at Sl. Nos. 176 and 368 of the notifications dated 23.02.2004- Annexures-M and W and 18.06.2014- Annexures-N and X respectively and said exercise shall be undertaken by BDA expeditiously and at any rate within an outer limit of two (2) months from today.
(3) Respondents and its officials or in other words, persons claiming through them, shall not interfere with the peaceful possession and enjoyment of sites of the petitioners, if it is outside the acquired area of 1 acre 9 guntas of land in Sy.No.95 in Sy.No.95.
(4) No order as to costs.
SD/- JUDGE RU