IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.4111/2019 (LA – RES) BETWEEN:
1 . SMT.N.A.HEMAVATHI D/O SRI N.H. ANANTHA REDDY AGED ABOUT 46 YEARS 2 . SMT.A.NALINA D/O SRI N.H. ANANTHA REDDY AGED ABOUT 41 YEARS 3 . SMT.M.KAVITHA D/O SRI N.H. ANANTHA REDDY AGED ABOUT 39 YEARS No.1 TO 3 REP BY THEIR GENERAL POWER OF ATTORNEY HOLDER SRI N.H.ANANTHA REDDY NO.668, 14TH CROSS, 14TH MAIN, J.P. NAGAR 2ND PHASE, BANGALORE-560 078. ... PETITIONERS [BY SRI Y.K.NARAYANA SHARMA, ADV.] AND:
1. BANGALORE METRO RAIL CORPORATION LTD., BMTC COMPLEX, 3RD FLOOR KENGAL HANUMANTHAIAH ROAD, SHANTHINAGAR, BANGALORE-560027 REP BY ITS CHIEF MANAGER 2. THE SPECIAL LAND ACQUISITION OFFICER, KIADB (METRO RAIL PROJECT) K.I.A.D.B. OFFICE, No.14/3, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATHUNGA ROAD, BANGALORE-560001. …RESPONDENTS [BY SRI K.KRISHNA, ADV. FOR R-1; SRI P.V.CHANDRASHEKAR, ADV. FOR R-2.] THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO MAKE NECESSARY SURVEY AND ENQUIRY AND DECIDE THE EXCESS LAND (MORE THAN THE LAND ACQUIRED AS PER THE NOTIFICATION) OCCUPIED BY THEM BELONGING TO THE PETITIONERS AND TO PAY NECESSARY COMPENSATION TO THE EXTENT OF EXCESS LAND OCCUPIED BY THEM OR IN THE ALTERNATIVE DIRECT THE RESPONDENTS TO VACATE AND DELIVER VACANT POSSESSION OF THE EXCESS LAND OCCUPIED BY THEM TO PETITIONERS OR ISSUE NECESSARY DIRECTIONS OR ORDERS AS DEEMED FIT BY THIS HON’BLE COURT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel Sri. P.V. Chandrashekar accepts notice for respondent No.2.
The petitioners have sought for a writ of mandamus directing the respondents to make necessary survey, enquiry and decide the excess land (more than the land acquired as per the Notification) occupied by them belonging to the petitioners and to pay necessary compensation to the extent of excess land occupied by them or in the alternative direct the respondents to vacate and deliver vacant possession of the excess land occupied them to the petitioners.
2. The petitioners claim that they have purchased the land measuring 1 acre 5 guntas situated in Sy.No.10/1A of Hoodi village, Krishnarajapuram Hobli, Bangalore South Taluk from its previous owner Sri. H. Thippa Reddy under registered sale deed dated 19.03.1994. Respondent No.2 has notified the said lands for acquisition of Eastern portion of the property belonging to the petitioners and other adjoining properties, a Notification in this regard has been issued under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966 (‘KIAD Act’ for short). According to the learned counsel for the petitioners, the total extent of land acquired by the respondents is 123.67 Sq. Mtrs., out of the land belonging to the petitioners.
The petitioners have no dispute regarding the said portion of 123.67 Sq. Mtrs. acquired by the respondents. It is the contention of the petitioners that the respondents have occupied and utilized more land of the petitioners than notified. Hence, the petitioners are before this Court seeking for a direction to the respondents to decide the extent of land acquired and utilized by the respondents insofar as the land belonging to the petitioners is concerned and to pay compensation for the excess land utilized.
3. Learned counsel for the petitioners would submit that the respondents have no authority to occupy and utilize the excess land notified without paying the compensation for the same.
4. Learned counsel for respondent No.1 has filed a detailed statement of objections stating that indeed two Notifications were issued by the State Government for acquisition of property bearing ID No.R1E-175 situated at Hoodi village, K.R. Puram Hobli, Bangalore East Taluk. Preliminary Notification dated 27.04.2015 under Section 28(1) and Final Notification dated 29.12.2015 under Section 28(4) of the KIAD Act were issued for acquiring land measuring 118.00 sq. mtrs. Thereafter, it was found that respondent No.1 required some additional land other than the lands notified in the aforesaid Preliminary and Final Notifications to an extent of 5.67 sq.mtrs in the aforesaid property ID.No.R1E-175, Hoodi village, K.R. Puram Hobli, Bangalore East Taluk to implement the Bangalore Metro Project. Hence, the State Government issued Preliminary Notification dated 19.12.2015 under Section 28(1) and Final Notification dated 27.05.2016 under Section 28(4) of the KIAD Act for the acquisition of the said additional land of 5.67 sq.mtrs. Therefore, total 123.67 sq.mtrs of area has been acquired under the aforesaid notifications in respect of the property in question.
5. In view of the total extent of acquisition of 123.67 sq.mtrs of the property in question being admitted by both the parties, now the dispute relates to the excess of land alleged to have been occupied and utilized i.e., more than 123.67 sq.mtrs., which requires to be redressed by the respondents only after conducting the survey of the property in question. Hence, this Court deems it appropriate to direct the respondents to conduct the joint survey of the property in question i.e., ID No.R1E-175, Hoodi village, K.R. Puram Hobli, Bangalore East Taluk and take a decision regarding the actual utilization of the land, if any excess land is found to have been utilized, the respondents are bound to make the compensation towards such excess utilization of land.
6. Since the parties are represented by their respective counsels, the respondents are directed to conduct the joint survey of the subject property on 04.12.2019. The petitioners shall participate in the survey proceedings without waiting for any notice. Thereafter, based on the joint survey report, the respondent – Authorities shall take a decision in the matter in an expedite manner, in any event, not later than six weeks from the date of conducting the joint survey.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR