IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI WRIT PETITION NOS.64615-64619 OF 2016 & WRIT PETITION NO.34677 OF 2017 (LA-BDA) BETWEEN:
1. SMT.N.BHAGYAMMA D/O.LATE NARAYANA REDDY AGED ABOUT 64 YEARS 2. SMT.N.PARVATHAMMA S/O.LATE NARAYANA REDDY AGED ABOUT 62 YEARS 3. SRI N.HANUMA REDDY S/O.LATE NARAYANA REDDY AGED ABOUT 60 YEARS 4. SRI N.NAGARA REDDY S/O.LATE NARAYANA REDDY AGED ABOUT 58 YEARS 5. SRI N.VENKATESHA REDDY S/O.LATE NARAYANA REDDY AGED ABOUT 56 YEARS 6. SMT.N.AMARAVATHI D/O.LATE NARAYANA REDDY AGED ABOUT 54 YEARS ALL ARE RESIDING AT NO.1554 CHAMUNDESHWARI NAGARA BEGUR VILLAGE AND HOBLI BENGALURU-560 068 ...PETITIONERS (BY SRI LOHITASWA BANAKAR, ADVOCATE [NOC]) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001 2. BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 020 REP. BY ITS COMMISSIONER 3. THE SPECIAL LAND ACQUISITION OFFICER BANGALORE DEVELOPMENT AUTHORITY KUMARA PARK WEST BENGALURU-560 020 ...RESPONDENTS (BY SRI NITHYANANADA K.R., HCGP FOR R1;
SRI A.LOKANATH, ADVOCATE FOR R2 AND R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS INITIATED BY THE RESPONDENTS PURSUANT TO THE PRELIMINARY NOTIFICATION DATED 06.08.1988 (ANNEXURE-D) ISSUED UNDER SECTIONS 17(1) AND 17(3) OF THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 PUBLISHED IN THE OFFICIAL GAZETTE DATED 15.12.1988 AND DECLARATION ISSUED ON 03.11.1990 (ANNEXURE-E) UNDER SECTION 19(1) OF THE BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 PUBLISHED IN THE OFFICIAL GAZETTE DATED 20.11.1990 IN RESPECT OF THE PETITION SCHEDULE PROPERTY BELONGING TO THE PETITIONERS HAS LAPSED IN VIEW OF SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITON, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ALSO IN VIEW OF SECTION 27 OF THE BDA ACT AND CONSEQUENTLY ISSUE A WRIT OF CERTIORARI QUASHING THE SAID NOTIFICATIONS DATED 06.08.1988 (ANNEXURE-D) AND 03.11.1990 (ANNEXURE-E) INSOFAR AS THE PETITION SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners have sought for the following reliefs:
“i) Declare that the acquisition proceedings initiated by the respondents pursuant to the preliminary notification dated 06.08.1988 vide No.BDA/ALAO/A1 PR/117/87-88 (Annexure-D) issued under Section 17(1) and (3) of the Bangalore Development Authority Act, 1976 published in the official Gazette dated 15.12.1988 and declaration issued on 3.11.1990 under section 19(1) of the Bangalore Development Authority Act, 1976 vide No. HUD 334 MNX 90 (Annexure- E) published in the official Gazette dated 20.11.1990 in respect of the petition schedule property belonging to the petitioners has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and also in view of Section 27 of the BDA act and consequently issue a writ of certiorari quashing the said notifications dated 6.8.1988 and 3.11.1990 (Annexures- D & E) insofar as the petition schedule property belonging to the petitioners is concerned.
ii) Allow this writ petition with costs and pass any other orders as this Hon’ble Court deems fit in the circumstances of the case, in the interest of justice and equity.”
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioners submitted that respondent-Bangalore Development Authority proceeded to acquire the petitioners’ land in survey No.28/2 to the extent of 1 acre 33 guntas in Devarachikkanahalli vide preliminary notification dated 06.08.1988 and final notification dated 03.11.1990. Further award was passed on 15.07.1994. The learned counsel for the petitioners submitted that the very same preliminary and final notifications dated 06.08.1988 and 03.11.1990 read with survey No.40/1 measuring 1 acre 12 guntas situated at Devarachikkanahalli village was a subject matter of litigation before this Court in WP.No.21831/2016 decided on 15.09.2017 (Smt.Huchamma Vs. State of Karnataka & Others) in favour of the petitioner therein.
Thus, the present petition is identical to that of the aforesaid decision.
4. On the other hand, the learned counsel for the respondents have not disputed the dates and events so also the petitioners’ case on par with Smt.Huchamma’s case.
5. Having regard to the factual aspects of the preliminary and final notifications, only survey numbers, extent of land and date of award are different whereas acquisition in Devarachikkanahalli is common. The preliminary notification dated 06.08.1988 and final notification dated 03.11.1990 insofar as the petitioners’ land in survey No.28/2 to the extent of 1 acre 33 guntas situated at Devarachikkanahalli are set aside in terms of the order passed in WP.No.21831/2016 dated 15.09.2017.
Writ petitions are allowed.
Sd/- JUDGE LB