IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MARCH, 2016 BEFORE THE HON’BLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION NOs.59657-69 OF 2014 (LA - RES) Between:
1. Sri. V. Lohith, S/o K. M. Venkatesh, Aged about 29 years, 2. Sri. V. Punith, S/o K. M. Venkatesh, Aged about 26 years, Sl.No.1 & 2 R/at: #222, Nisarga Nilaya, Near Railway Gate, Thindlu Main Road, Kodigehalli, Bangalore – 560 092.
3. Sri. N. Praveen Kumar, S/o M. Narayanappa, Aged about 30 years, 4. Sri. N. Manjunath, S/o M. Narayanappa, Aged about 28 years, 5. Sri. N. Naveen Kumar, S/o M. Narayanappa, Aged about 26 years, Sl.No.3, 4 & 5, R/at #597, Near Ram Mandir Road, 3rd Cross, Kodigehalli, Sahakaranagar Post, Bangalore – 560 092.
6. Smt. Munithayamma, W/o Late M. Veerappa, Aged about 68 years, 7. Sri. Vijayprakash. V, S/o Late M. Veerappa, Aged about 35 years, 8. Sri. V. Udayprakash, S/o Late M. Veerappa, Aged about 32 Years, 9. Sri. V. Hemanth Kumar, S/o Late M. Veerappa, Aged about 28 years, Sl.No.6 to 9 are R/at #153/614, “Sri Manjunathanilay”, Near Ramamandir Road, 2nd Cross Kodigehalli, Sahakaranagar Post, Bangalore – 560 092.
10. Smt. Ammayya, W/o K. Narayanaswamy, Aged about 49 years, R/at Hanumaiah Badavane, 3rd Cross, Near Railway Gate, Kodigehalli, Sahakaranagar Post Bangalore – 560 092.
11. Sri. T. Ramaiah, S/o Chikkathippaiah, Aged about 80 years, #770, Govt. School Road, Kodigehalli, Sahakaranagar Post, Bangalore – 560 092.
12. Sri. K. M. Sagar, S/o N. Kariyappa Gowda, Aged about 26 years, R/at #40, CQAL Layout, Sahakaranagar Post, Bangalore – 560 092.
13. Sri. Sundarappa, S/o Late Nanjundappa, Aged about 78 years, R/at #23, “Bhanashankarinilaya”, Thindlu Road, Kodigehalli, Vidyaranyapura (Post), Bangalore – 560 097. ... Petitioners (By Sri. C. M. Desai, Adv.) And:
1. The Spl . Land Acquisition Officer, BBMP, N. R. Road, Bangalore – 560 002.
2. The Commissioner, BBMP, Hudson Circle, Bangalore – 560 002.
3. State of Karnataka, Revenue Secretariat, Represented by its Principal Secretary, M. S. Building, K R Circle, Bangalore – 560 002.
4. Dhanalakshmi Badavane Nivasigala Kshemabhivridhi Sangha, Having Registered Office at No.1, 1st Cross, 1st Main Road, Dhanalakshmi Layout, Virupakshapura, Thindlu, Kodigehalli Main Road, Represented by Mr.R. Manjunath. ... Respondents (By Sri. I.G. Gachchinmath, Adv. for R1 & R2, Smt. Pramodhini Kishan, Adv. for r3, Sri. Joseph Anthony, HCGP for R4) ---
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dt.9.6.14, Ann-Q, issued by the Asst. Revenue Officer on behalf of the R2, called upon the 1st petitioner to submit their records pertaining to the land belonging to them within seven days stating that the land is required for constructing an under pass/flyover of the railway bridge at kodigehalli gate & also for expansion the existing road.
These Petitions coming on for orders this day, the Court made the following:-
O R D E R The learned counsel for the Bruhat Bangalore Mahanagara Palike (hereinafter referred to as the B.B.M.P.) has filed report of the Executive Engineer of the B.B.M.P. which reads as follows:
Reg- Land Acquisition for Construction of RUB and Approach roads at Kodigehalli Railway gate.
The work of Construction of Railway under Bridge at Kodigehalli Railway gate railway Km 12/300-400 was taken up between Yeshwanthapura – Yelahanka station under cost sharing policy between the BBMP and The southwestern railways.
The Total project cost was sanctioned for an amount of Rs.31.36 crores with cost of construction of bridge is at Rs.20.77 crores and approach roads at cost of Rs.10.00 crores. The proposal was approved in the BBMP council vide No.44(162)/2011-12 and was forward to the Government of Karnataka to Accord Administrative Approval to the Expenditure.
In order to save time on the implementation of the project the BBMP council in its resolution mentioned above permitted the BBMP to counter sign the estimate submitted by the railways and also to release fund according to the status of works carried out by the railway department.
When the proposal was submitted to the Government of Karnataka, The government in his letter vide No. £ÀCE/109/JA£ïªÉÊ/2012, dated 16.04.2012, directed the BBMP to exhaust the option of acquisition by TDR means and re- submitted the proposal with the quantum of amount required for Land acquisition but also with the amount require for shifting of public utilities like Electrical lines, UGD, Water supply lines etc., As per the directions of the State Government TDR notification was issued on 03.03.2014 (copy enclosed) and public were intimated to accept the TDR in lieu of cash compensation. The public did not accept the TDR with a view that the width of Acquisition is too exuberant and demanded to reduce the width of the proposed under pass and approach roads.
As per the public demand New notification was issued vide No.BBMP/EE/ROB- RUB/PR/259/2013-14 dated 19.08.2014, after that proposal public was approached and meetings were conducted to accept TDR in lieu of cash compensation. The public however did not show any interest to giving up there land under TDR scheme.
Further, it was proposed to acquire the land by implementing the KMC Act 1976 under section 175 for direct purchase of land from private land owners vide office order No.BBMP/Commissioner/PSR/2686/2015-16, dated 02.06.2015. This process also did not materialize since the State government took up the process of updating the TDR policy from 1.5 times to 2 times and issued Gazette notification vide No.¸ÀAªÀå±ÁE 24 ±Á¸À£À 2015, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ:10.09.2015.
During the formation of rules and guidelines of the TDR it is again felt by the state government that a nominal increase from 1.5 times to 2 times is that substantial and hence further proceedings are being worked out to enhance the TDR Value.
Therefore, the BBMP is at present unable to take up the land acquisition issue forward, however the BBMP is giving an undertaking that buildings or private properties will be acquired with due process of Law. The BBMP is intended to acquire the land either by New TDR policy or through other land acquisition course.
Enclosures:
1. Gazette Notification of New TDR Policy under Karnataka Act No.38 of 2015.
2. Commissioner Order to creation of Committee for purchase of Private land vide No.BBMP/Commissioner/PSR/2686/2015-16, Dated 02.06.2015.
3. Copy of Paper Notification and Commissioner Approval to notification for proposed width of 26 mtrs.
4. Copy of Paper Notification for Proposed width of 33 mtrs.
5. Government Letter vide No. £ÀCE 109 JA£ïªÉÊ 2012, ¢£ÁAPÀ:16.04.2012.
In so far as the petitioners are concerned, the learned counsel for the B.B.M.P. would submit that there is no proposal to acquire the land of the petitioners and the B.B.M.P. has no intention of interfering with their property without due process of law and if the lands are to be acquired the petitioners would be duly notified and it is only thereafter that proceedings would be taken. In so far as the impleading application is concerned, since the complaint of the impleading applicant is that for the project implementation, a road has been completely dug up which seals off the access to their properties and they are now required to take a circuitous route to reach their property, in this regard the learned counsel for the B.B.M.P. would submit that the Executive Engineer is present in the Court and if there is any such impediment being caused, they would immediately address the situation and ensure that the impleading applicants or any other persons similarly situated, would not be inconvenienced and such blockade is addressed with expedition. Recording this undertaking the petition stands disposed of.
I.A. 1/2016 filed for impleading is allowed. The impleading applicants are granted liberty to reopen this petition if the B.B.M.P. should fail to address their grievance as regards the blockade with expedition.
Sd/- JUDGE ykl