IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE KRISHNA S. DIXIT W.P.Nos.8595/2014 & 17087-17090/2014 (LA-BDA) BETWEEN:
1. Sri.Shivamadaiah, S/o Late Revanna, aged about 36 years, R/o Chikkagowdanapalya, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.
2. Sri.Chandrashekara, S/o Late Revanna, aged 30 years, R/o Chikkagowdanapalya, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.
3. Sri.Revamadiah, S/o Late Revanna, aged 45 years, R/o Chikkagowdanapalya, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.
4. Smt.Kavitha, W/o Late Munimadaiah, Aged 41 years, R/o Chikkagowdanapalya, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.
5. Smt.Galihonnamma, W/o Late Revanna, aged 62 years, R/o Chikkagowdanapalya, Kengeri Hobli, Bengaluru South Taluk, Bengaluru.
... Petitioners (By Sri.K.N.Nitesh for Sri.K.V.Narasimhan, Advocates) AND:
1. Bengaluru Development Authority, T.Chowdaiah Road, Kumara Park West, Bengaluru-560 020, By its Commissioner 2. The Special land acquisition Officer, Bengaluru Development Authority, T.Chowdaiah Road, Kumara Park Road, Bengaluru-560 020.
3. State of Karnataka, By its Secretary, Department of Urban Development, Vikasa Soudha, Bengaluru-560 001.
... Respondents (By Sri.M.N.Ramanjaneya Gowda, Advocate for R1 and R2; Sri.Dildar Shiralli, HCGP for R3) These writ petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the preliminary notification dated 15.11.2000 vide Annexure-A and the final notification dated 21.08.2001 vide Annexure- B and etc., These petitions coming on for Preliminary hearing ‘B’ Group this day, the Court made the following::
ORDER The land owners are before this Court challenging the acquistion proceedings that were initiated vide preliminary notification dated 15.11.2000, followed by the final notification dated 21.08.2001 and it followed by an award dated 20.11.2001 resulting into acquisition of land measuring 6 acres 32 guntas allegedly belonged to the petitioners herein and their sister namely Smt.Honnamma.
2. After service of notice, the respondents having entered appearance have filed a Statement of Objections. Para 2 and 3 whereof reads as under:
“It is submitted that leaving 1 acre 20 guntas of land out of 6 acres 32 guntas of land as per the supplementary award restricting the award to the extent of 5 acres 12 guntas, the engineering section formed layout in the said extent of 5 acres 12 guntas. The layout plan showing the formation of layout in an extent of 5 acres 12 guntas of land leaving 1 acre 20 guntas of land as vacant land is herewith produced and marked as Annexure-R1.
The petitioners have fenced their land by barbed wire and are in possession of said land. The photographs showing that the left out land is fenced by the petitioners are herewith produced and marked as Annexures-R2A and R2B respectively.
3. It is submitted that the petitioners though the BDA formed layout only in an extent of 5 acre 12 guntas of land leaving 1 acre 20 guntas of land as vacant land as per the supplementary award restricting the extent only to 5 acre 12 guntas instead of 6 acre 32 guntas still seeking the preliminary and final notifications to be quashed and further sought a direction not to interfere with their possession and further sought to declare the scheme lapsed which is unnecessary as the BDA has not formed the layout in 1 acre 20 guntas of land.”
3. The net effect of these two paragraphs would be that the petition land admeasuring 1 acre 20 guntas out of Sy.no.93 of Hemmigepura Village, Kengeri Hobli, Bengaluru South Taluk is left unacquired by virtue of the supplementary award dated 11.07.2002.
In view of the above, these writ petitions are disposed of holding that the aforesaid petition land is not the subject matter of the acquisition at all.
It is open for the petitioners to make an application seeking restoration of revenue entries in respect of this land in their favour.
Sd/- JUDGE UN