IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION No. 9475 OF 2015 & WRIT PETITION Nos.10497-10528 OF 2015(LA-BDA) BETWEEN 1. SRI CHIKKAMUNIVENKATAPPA S/O LATE CHIKKAGURAPPA, AGED ABOUT 88 YEARS, RESIDING AT KEMBATHAHALLI, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU-560 083.
2. SMT.M.USHADEVI W/O LATE C.NARASIMHAIAH, AGED ABOUT 52 YEARS, R/AT KEMBATHAHALLI, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU-560 083.
3. SRI N.MANJESH KUMAR S/O LATE C.NARASIMHAIAH, AGED ABOUT 36 YEARS, KEMBATHAHALLI, GOTTIGERE POST, BANNERGHATTA ROAD, BENGALURU-560 083. ... PETITIONERS (BY SRI DHYAN CHINAPPA SR. COUNSEL FOR SRI MATHAPATI S.B. ADVOCATE FOR PETITIONERS) AND 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY, KUMAR PARK WEST, BENGALURU-560 020.
2. THE SPECIAL LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, KUMAR PARK WEST, BENGALURU-560 020.
3. H.S. DIWAKAR IEM DIVISION, AMBEDKAR INSTITUTE OF TECHNOLOGY, BENGALURU-560 072.
4. DR. ANURADHA SANE, NO.139/A, 2ND CROSS, 13TH MAIN ROAD, ICOBHA NAGARA, BTM 1ST STAGE, BENGALURU-560 068.
5. J.KABILARA MANNAN NO.320, B-3, BLOCK, SHARATI COMPLEX, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU-560 047.
6. S.P.SHETTY PLANOGRAPH, 65/2, KCG INDUSTRIAL ESTATE, KAMAKSHIPALYA, BENGALURU-560 079.
7. SRI I.P.CHARMANNA NO.115/40-2, 5TH ‘A’ CROSS, ITTUMADU, BANASHANKARI 3RD STAGE, BENGALURU-560 085.
8. PADMASHREE MURTHY NO.5/1, 1ST CROSS, KEMPEGOUDANAGARA, BENGALURU-560 019.
9. RAMACHANDRA JOSHI NO.326, B-2, SHARAVATI, NATIONAL GAMES HOUSING COMPLEX, KORAMANGALA, BENGALURU-560 047 10. W.W.S. BHASKAR NO.2, 2ND MAIN, 3RD PHASE, J.P.NAGARA, BENGALURU-560 078.
11. SRI K.BALAKRISHNA NO.77, H.W.C.R., 1ST FLOOR, 4TH STAGE, 4TH BLOCK, 17TH CROSS, BASAVESHWARANAGARA, BENGALURU-560 079.
12. A.S.RADHAKRISHNA MENAN NO.83/1, RAMAKRISHNA MUTT ROAD, ULSOOR, BENGALURU-560 008.
13. SRI.DAKYA NAYAK, NO.938, 2ND ‘A’ CROSS, 3RD STAGE, 1ST BLOCK, WEST OF CHORD ROAD, NEAR SUB REGISTRAR OFFICE, BASAVESHWARA NAGARA, BENGALURU-560 079.
14. D.M.RAVIKUMAR NO.167, 16TH CROSS, J.P.NAGARA, 5TH PHASE, BENGALURU-560 078.
15. ABASAHEB K SURYAVAMSHI NO.22, 01, 2ND CROSS, NAGAPPA BLOCK, SRIRAMAPURAM, BENGALURU-560 021.
16. SRI M.SWARNA KUMARI NO.370/31, ESHWARA TEMPLE ROAD, HULIMAVU, BENGALURU-560 076.
17. N.S.SRINIVASA NO.10, ARAKERE VILLAGE, BANNERAGHATTA ROAD, BENGALURU-560 076.
18. R. VISHWANATHAN NO.50/B, 1, “SRISAIRAM KRUPA”, 7TH ‘B’ CROSS, YALAHANKA NEW TOWN, BENGALURU-560064.
19. B.T. RAMESH NO.597, 16TH MAIN ROAD, 9TH CROSS, 2ND STAGE, EWS, BTM LAYOUT, BENGALURU-560078.
20. C. SHIVAKUMAR NO.334, 2ND ‘E’ MAIN ROAD, OMBR LAYOUT, BANASAVADI, BENGALURU-560043.
21. SURESH HEGDE NO.89, BELLU MANE, 2ND ‘A’ CROSS, SIRADI SAI RATHANA LAYOUT, R.K. HEGDE NAGARA, BENGALURU-560045.
22. BACHINA GAPUR NO.35, KAIRUNNISA MANJIL, 4TH CROSS, 2ND STAGE, SUDHAMANAGARA BENGALURU- 560027.
23. L. MANJUNATHA RAO NO.120, 3RD MAIN ROAD, EAST KATHRIGUPPE, BANASHANKARI 3RD STAGE, BENGALURU-560085.
24. S. RAMAKRISHNA ACHARYA NO.518, 1ST FLOOR, 11TH CROSS, WEST OF CHORD ROAD, NAGAPURA MAIN ROAD, BENGALURU-560086.
25. KRISHNAJIRAO URS 14, 1ST CROSS, ANKAPPA BLOCK JAYACHAMARAJENDRA NAGARA, BENGALURU-560006.
26. S.R. KESHAVAMURTHY NO.104/A, 1ST ‘S’ BLOCK, 10TH CROSS, RAJAJINAGARA, BENGALURU-560010.
27. N.G. PADMAVATHI NO.3074, 8TH ‘B’ CROSS, RPC LAYOUT, 14TH MAIN ROAD, BENGALURU-560040.
28. GURULINGAYYA .K NO.21/1, 5TH MAIN ROAD, 5TH CROSS, GANGANAGARA, BENGALURU-560032.
29. PRAKASH .N PRAKASH STORE, WHITE FIELD ROAD, B. NARAYANAPURA, DURAVANINAGARA POST, BENGALURU-560016.
30. SUBRAMANYA N.
NO.4, MANIKANTA VIHARA MUDALAPALYA, BENGALURU-560072.
31. SRI RAMAYYA S/O KEMPAIAH R/O KEMBATHAHALLI VILLAGE, ANJANAPURA POST BENGALURU-560108.
32. SRI ABHIJITH S/O SRI S.B. ASHOK, AGED ABOUT 30 YEARS, R/AT NO.150, 11TH MAIN ROAD, 6TH CROSS, SARASWATHIPURAM, MYSURU.
... RESPONDENTS (BY SRI RAVI KUMAR ADVOCATE FOR SRI SACHIN B.S ADVOCATE FOR R1 & R2, SRI N.S. SANJAYA GOWDA ADVOCATE FOR R5-ABSENT, SRI S.K.M. SHETTY ADVOCATE FOR R8-ABSENT, SRI S.K. JAYARAMU ADVOCATE FOR R14-ABSENT, SRI U.R. NAYAK ADVOCATE FOR R16-ABSENT, SRI M. SREENIVASA ADVOCATE FOR R18, 20 & 24, SRI KALEEMULLAH SHARIFF ADVOCATE FOR R22 SRI S.W. ARBATTI ADVOCATE FOR R23-ABSENT, SRI CHANDRAPPA S.N ADVOCATE FOR R27-ABSENT, SRI HARI PRASAD ADVOCATE FOR R28-ABSENT, SRI KESHAVA BHAT ADVOCATE FOR R29-ABSENT, SRI S.N. RAMA PRASAD ADVOCATE FOR R32-ABSENT, SRI N.B. NIJALINGAPPA ADVOCATE FOR R7-ABSENT, NOTICE TO R10, 12, 6, 11, 21 AND 30 SERVED AND UNREPRESETED, SERVICE OF NOTICE TO R3, 4, 9, 13, 15, 17, 19, 25, 26 AND 31 THROUGH PAPER PUBLICATION IS HELD SUFFICIENT V/O DATED 30.07.2017) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ALLOTMENTS MADE BY R1 AND 2 IN FAVOUR OF R3 TO 31 MORE SPECIFICALLY DETAILED IN THE SCHEDULE-B HEREUNDER AND ANY OR ALL OTHER ALLOTMENTS AS MAY HAVE BEEN MADE BY R1 AND 2 WITH RESPECT TO THE SCHEDULE-A PROPERTY OF THE PETITIONERS ARE VOID AND ILLEGAL AND CANCEL ALL SUCH ALLOTMENTS VIDE ANNEXURE-R AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri Dyan Chinnappa, learned Senior counsel for Sri. Mathapati S.B, learned counsel for the petitioners.
Sri Ravi Kumar, learned counsel for Sri Sachin B.S, learned counsel for respondent Nos.1 and 2.
Sri Kaleemullah Shariff, learned counsel for Respondent No.22 present.
None for respondent Nos.3 to 21 and 23 to 31, though served.
2. The petitions are admitted for hearing. With the consent of learned Counsel for the parties, they are heard finally.
3. In these petitions under Articles 226 and 227 of the Constitution of India, the petitioners inter alia seek for quashment of allotments made by respondent Nos.1 and 2 in favour of respondent Nos.3 to 31 more specifically detailed in the Schedule B and any or all other allotments as may have been made by respondent Nos.1 and 2 with respect to Schedule ‘A’ property of the petitioners are void and illegal and to cancel all such allotments. The petitioners also seek a writ in the nature of mandamus directing respondent Nos.1 and 2 to take all necessary steps for cancellation of the allotments made in favour of respondent Nos.3 to 31 and any or all other allotments as may have been made by respondent Nos.1 and 2 with respect to the Schedule ‘A’ property of the petitioners.
4. The facts giving rise to filing of these writ petitions briefly stated are that in respect of land measuring to an extent of 2 acres 19 guntas, the Land Tribunal granted occupancy rights in favour of Chikkamunivenkatappa by an order dated 12.03.1987 as he was the original owner of Sy.No.19/2. On 04.03.2002, the Bengaluru Development Authority has prepared and given a sketch in respect of the property in question. The petitioner on 06.07.2002 obtained Encumbrance Certificate in respect of the property in question for a period of 25 years. On 24.07.2004, the Bengaluru Development Authority issued a notice demanding to pay the betterment charges/tax to the tune of Rs.51,59,000/- at the rate of Rs.30 per sq.ft. in respect of land bearing Sy.No.19/2 totally measuring to an extent of 1 acre 27.55 guntas, wherein the petitioners had formed their private layout. The petitioners thereupon deposited the betterment charges on 11.8.2005 as well as on 22.08.2005 and obtained the acknowledgement for having paid the same. The property in question was subsequently transferred to C. Narasimhaiah vide gift deed dated 03.03.2006 who is the son of petitioner No.1. After passing away of C.Narasimhaiah, father of petitioner No.3 and petitioner No.2-wife of late C.Narasimahaiah being the only legal representatives, are the owners and in possession of the property in question.
5. The petitioners on 08.09.2014 submitted a representation to the BDA to withdraw the allotment of sites in respect of land measuring to an extent of 1 acre 27.55 guntas in Sy.No.19/2 of Kembathahalli Village.
However, the aforesaid representation failed to evoke any response. Thereupon, petitioners filed writ petition in W.P.No.58690/2014 in which on 19.12.2014, an ad interim order of status quo was granted. The aforesaid writ petition was withdrawn with liberty to file a fresh writ petition.
6. After the petitioners were asked to pay the betterment charges/taxes, the proceedings under the Land Acquisition Act, 1894 were withdrawn by the Bengaluru Development Authority. Thereupon, the petitioners approached this Court by filing the writ petition in W.P.No.5050/2007 in which a prayer was made seeking directions to respondents not to continue with the land acquisition proceedings as the proceedings have already been dropped. The aforesaid writ petition was disposed of by the Bench of this Court along with directions. However, despite directions issued by this Court in the aforesaid writ petition, the allotments were made by the BDA in favour of respondent Nos.3 and 4 even after passing of the order on 23.02.2011.
7. In the aforesaid factual background, the petitioners have approached this Court seeking relief as stated supra.
8. Learned Senior counsel appearing for the petitioners submitted that all the allotments which have been made subsequent to the order dated 23.2.2011 i.e., the order passed by the Bench of this Court in W.P.No.5050/2007 and other connected matters are liable to be quashed. In this connection, the attention of this Court has been invited to the paragraph Nos.7 and 8 of the aforesaid order.
9. Learned counsel for respondent Nos.1 and 2 on the other hand submitted that in case the petitioners agree, the Bengaluru Development Authority will take steps for allotment of alternative sites to the petitioners.
10. Learned counsel for respondent Nos.18, 20 and 24 submitted that the aforesaid respondents have not accepted any sites in respect of the land of the petitioners.
11. I have considered the submissions made by the learned counsel for the parties and perused the records.
12. Admittedly, the Bench of this Court by an order dated 23.02.2011 passed in W.P.No.5050/2007 and other connected matters has held that as the acquisition proceedings have been elapsed, respondent Nos.1 and 2 have no authority to continue with the land acquisition proceedings thereafter. In other words, in respect of the land which was held by the petitioners, BDA had no title in respect of land in question and therefore, respondent Nos.1 and 2 could not have allotted any lands subsequent to 23.2.2011. Therefore, all the allotments made by the BDA after 23.2.2011 are hereby quashed and set aside.
Accordingly, the petitions are disposed of.
Sd/- JUDGE PYR