IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT APPEAL No.2537 OF 2019 (GM-RES) BETWEEN:
1. MR.N.RAJANNA SON OF LATE NANJAPPA, AGED ABOUT 69 YEARS, RESIDING AT THIRUMENAHALLI VILLAGE, MANDUR POST, BIDARAHALLI HOBLI, BENGALURU – 560 049.
2. MR.N.KRISHNAPPA SON OF LATE NANJAPPA, AGED ABOUT 71 YEARS, RESIDING AT THIRUMENAHALLI VILLAGE, MANDUR POST, BIDARAHALLI HOBLI, BENGALURU – 560 049.
DR. MUNIRATHNAM SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES 3. MRS.DR. NANDINI WIFE OF LATE N.MUNIRATHNAM, AGED ABOUT 57 YEARS, 4. DR.M. AVINASH SON OF LATE N.MUNIRATHNAM, AGED ABOUT 31 YEARS, 5. MR. RITHESH M SON OF LATE N.MUNIRATHNAM, AGED ABOUT 29 YEARS, APPELLANTS NO.3 TO 5 ALL ARE RESIDENTS OF NO.20, THIRUMENAHALLI VILLAGE, MANDUR POST, BIDARAHALLI HOBLI, BENGALURU – 560 049.
... APPELLANTS (BY SRI AJIT P.B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA MINISTRY OF COMMERCE AND INDUSTRIES, REPRESENTED BY ITS SECRETARY, 1ST FLOOR, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001.
2. THE APPELLATE AUTHORITY, ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, COMMERCE AND INDUSTRIES DEPARTMENT, BENGALURU – 560 001.
3. M/S. NEC REAL ESTATE PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGIONAL OFFICE AT NO.540, 3RD FLOOR, CMH ROAD, INDIRANAGAR, BENGALURU – 560 038.
REPRESENTED BY ITS AUTHORISED REPRESENTATIVE MR. KIRAN POONACHA.
4. DESK OFFICER (TECHNICAL CELL) COMMERCE AND INDUSTRIES, ROOM NO 106, 1ST FLOOR, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
... RESPONDENTS (BY SRI I. THARANATH POOJARY, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 2 AND 4;
SRI K.S.PONNAPPA, ADVOCATE FOR SRI M.V.SUNDRARAMAN, ADVOCATE FOR M/S. CREST LAW PARTNERS, ADVOCATES FOR RESPONDENT NO.3) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 12.03.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NOS.17568 – 17570 OF 2012 AND ALLOW WRIT PETITIONS 17568-17570 OF 2012 AS PRAYED FOR BY THE APPELLANTS/PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY INCLUDING THE AWARD OF COSTS OF THIS WRIT APPEAL.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 12.03.2019 passed in writ petition Nos.17568-570 of 2012, by the learned Single Judge, in dismissing the writ petitions while granting liberty to the writ petitioners to approach the State Government with regard to their grievance, the writ petitioners are in appeal.
2. Learned counsel for the appellants’ submits that the proposal made by the State is incorrect that in the earlier meeting, the proposal was rejected without any reasons and the land has not been acquired by the State.
3. The same is disputed by the respondents’ counsel.
4. We do not find any merit in the appeal.
The learned Single Judge having considered the plea of the petitioners had granted liberty to move the State by filing a representation. The material on record would indicate that, consequent to the proposal by the State, land acquisition has to be completed. Firstly, the provisions of various other Acts have to be complied with and thereafter, the land of the petitioners can be taken under the said proposal. It is only after such a proposal is made that it has to be placed before various institutions, subject to issuance of clearance by the concerned authorities, the proposal could be implemented.
5. At this stage, the petitioners are at liberty only to file objections. We are of the considered view that the learned Single Judge was justified in passing the order. It is needless to state that the Sate would have to consider the objections of the petitioners and thereafter, to proceed in the matter in the manner known to law.
6. Keeping open all contentions, writ appeal is dismissed.
Sd/- JUDGE Sd/- JUDGE nvj CT:MJ