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.48606/2019 (LA – KHB) BETWEEN :
SRI MAHADEVAIAH N., S/O LATE NANJUNDAPPA, AGED ABOUT 50 YEARS, R/AT HINNAKKI VILLAGE, JIGANI HOBLI, ANEKAL TALUK BANGALORE DISTRICT. ...PETITIONER (BY SRI M.SREENIVASA, ADV.) AND :
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, KARNATAKA GOVERNMENT SECRETARIAT M.S.BUILDING, Dr. AMBEDKAR VEEDHI BANGALORE - 560 001.
2 . THE COMMISSIONER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, BANGALORE - 560 009.
3 . THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, BANGALORE - 560 009. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1;
SRI NIRANJANA SWAMY H.M., ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, KHB TO CONSIDER THE REPRESENTATION ANNEXURE-A AND B DATED 08.05.2018 SUBMITTED BY THE PETITIONER SEEKING TO RE-ALLOT 40% OF THE DEVELOPED LAND IN FAVOUR OF THE PETITIONER IN RESPECT OF THE PETITION LAND, AT THE RATIO OF 60-40 SCHEME AS PER THE GOVERNMENT ORDER DATED 02.12.2010.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner claims to be the absolute owner of Sy.No.No.191/3 measuring 1 acre 16 guntas of Hinnakki village, Jigani Hobli, Anekal Taluk, Bangalore District, having acquired the title under the registered sale deed dated 24.2.1992. It is submitted, ever since from the date of purchasing the aforesaid land, the petitioner was in possession and enjoyment of the same. The respondent-Karnataka Housing Board issued a Preliminary Notification dated 1.4.2005 under Section 4(1) of the Land Acquisition Act, 1894, proposing to acquire various items of land of Hinnakki village for the purpose of execution of Housing Scheme. In the said Notification, the land bearing Sy.No.No.191/3 measuring 1 acre 16 guntas, the subject property was also notified. The Final Notification dated 2.11.2006 under Section 6(1) of the Land Acquisition Act, 1894 was issued. After issuing the Final Notification, the respondent KHB purported to have been passed an award dated 26.12.2008 which came to be approved by the Government on 11.2.2009.
2. It is the contention of the petitioner that in view of the agitation of the farmers, the Government conducted proceedings and formulated the scheme and took a decision to allot 40% of developed land to the farmers and issued a Government order dated 2.12.2010. Despite the said decision, the respondent KHB issued a notice under Section 12(2) of the Act calling upon the petitioner to accept the compensation in terms of the earlier award.
3. It is the grievance of the petitioner that representation has been submitted by him requesting to allot 40% of developed area as per the Government order dated 2.12.2010, but in vain. Hence, the present writ petition.
4. Learned counsel for the respondents would fairly submit that there is no impediment for the respondent Nos.2 and 3 to consider the representations of the petitioner dated 8.5.2018 at Annexures A and B and to take a decision in accordance with law.
5. In view of the aforesaid, respondent Nos.2 and 3 are directed to consider the representations of the petitioner dated 8.5.2018 at Annexures-A and B and take a decision in accordance with law in an expedite manner, in any event, not later than eight weeks from the date of receipt of certified copy of the order. Ordered accordingly.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE Dvr: