Judgment:
1 ® WP42278295/2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE10H DAY OF DECEMBER, 2014 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.42278-295/2012 (SC/ST) BETWEEN1 M NARASIMHA MURTHY S/O LATE CHANGA REDDY, MAJOR, No.25, SINGASANDRA VILLAGE & POST, BANGALORE- 560 068 2. ARUNACHALAM S/O T ANGAMUTHU, AGED ABOUT62YEARS, No.1640,1ST CROSS, RAM MOHAN PURAM, BANGALORE- 560 021 3. GUHAN SUBRAMANIAM S/O P SUBRAMANIAM AGED ABOUT57YEARS, No.55, KHB COLONY, BANGALORE- 560 095 4. BABU REDDY S/O LATE HANUMAPPA REDDY AGED ABOUT54YEARS, No.814,17TH CROSS, 6TH BLOCK, KORAMANGALA, BANGALORE- 560 095 5. A SURESH KUMAR S/O AYYAMUTHU, AGED ABOUT44YEARS, No.794, 17TH "F" , 2ND MAIN ROAD, 6TH BLOCK, KORAMANGALA, BANGALORE- 560 095 2 WP42278295/2012 6. SMT MAZOON BEE W/O HUSSAIN SAB, AGED ABOUT35YEARS, NAGANATHAPURA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 7. SMT GULJAR BEE W/O HABEEN, AGED ABOUT40YEARS, NAGANATHAPURA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 8. SMT KANTHA W/O R P MUTHU, AGED ABOUT50YEARS, 4TH BLOCK, 80 FEET ROAD, I.P. PETROL PUMP, KORAMANGALA BANGALORE- 560 034 9. VIMAL KUMAR S/O AYYAMUTHU, AGED ABOUT36YEARS, NO.794G, 17TH F, 2ND MAIN, 6TH BLOCK, KORAMANGALA, BANGALORE- 560 095 10. SMT K N LALITHA W/O BABU REDDY, AGED ABOUT50YEARS, No.814, 17TH F, 1ST CROSS ROAD, 6TH BLOCK, KORAMANAGALA, BANGALORE- 560 095 11. V THIMMA REDDY S/O LATE CHANGA REDDY, MAJOR, No.25, SINGASANDRA VILLAGE & POST, BANGALORE- 560 068 12. SMT HONNAMMA W/O KRISHNAPPA, 3 WP42278295/2012 AGED ABOUT40YEARS, No.659, 8TH CROSS, CHANNAKESHAVANAGAR, SINGASANDRA POST, BANGALORE- 560 068 13. N RAMACHANDRA S/O LATE NARASIMHA REDDY, AGED ABOUT54YEARS, No.4, KPTCL QUARTERS, GOVINDARAJ NAGAR, BANGALORE- 560 040 14. SMT R NAGAVENI W/O N NARASIMHA, AGED ABOUT48YEARS, No.208/59, 25TH CROSS, 6TH BLOCK, JAYANAGAR, BANGALORE- 560 082 15. B GOPALAKRISHNA S/O LATE SUBRAMANI, MAJOR, No.Y.146, 12TH MAIN, VYALIKAVAL, BANGALORE- 560 003 16. SMT VISHALAKSHMAMMA W/O SRINIVAS, AGED ABOUT33YEARS, No.16, 6TH CROSS, VINAYAKANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 17. SMT CHANDRA W/O K SAMPATH, AGED ABOUT53YEARS, No.16, OPP. WATER TANK, LAKSHMI NARASIMHA NILAY, 24TH MAIN, 3RD CROSS, AGARA VILLAGE, SARJAPURA ROAD, BANGALORE- 560 034 4 WP42278295/2012 18. GURUNATH S/O CHANDRASHEKARAPPA, AGED ABOUT42YEARS, No.845,3RD CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CIYT POST, BANGALORE-560 100 19. K JAGANNATHA S/O CHANDRASHEKHARAPPA, AGED ABOUT38YEARS, No.27, 4TH CROSS, CHANNAKESHAVANAGAR, OPP. MICO, SINGASANDRA POST, BANGALORE- 560 068 20. SURESH S/O MARAHANUMAIAH, AGED ABOUT41YEARS, VARADENAHALLI VILLAGE, BACHENEHATTI POST, MAGADI TALUK, BANGALORE RURAL DIST21 SMT RAJESHWARI W/O V NAGARAJ, AGED ABOUT45YEARS, No.18, VINAYAKA NAGAR, NAGANATHAPURA, ELECTRONIC CITY POST, BANGALORE- 560 100 22. S VINOD REDDY S/O N SHAMA REDDY, MAJOR, SHAMA REDDY COLONY, MARATHAHALLI EXTENSION, NEAR AYYAPPA TEMPLE, BANGALORE- 560 037 23. S PRAMOD REDDY S/O N SHAMA REDDY, MAJOR, SHAMA REDDY COLONY, 5 WP42278295/2012 MARATHAHALLI EXTENSION, NEAR AYYAPPA TEMPLE, BANGALORE- 560 037 24. M SELAVARAJ S/O MUNISWAMY, AGED ABOUT33YEARS, VINAYAKA STORES, OLD MADIWALA, 1ST MAIN, BANGALORE- 560 058 25. M MANJUNATH S/O LATE MUNITHIMMAIAH, AGED ABOUT37YEARS, NO.10, 13TH CROSS, G.K. LAYOUT, CHANNAKESHAVANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 26. SMT I PADMA W/O S INDAR RAJ, MAJOR, No.3/2, 9TH CROSS, MAGADI ROAD, BANGALORE- 560- 023 27. SMTT MUNIRATHNAMMA W/O LATE RAJEGOWDA, AGED ABOUT52YEARS, No.498, 4TH CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 28. SUBBA REDDY S/O LATE CHANNAVEERA SETTY, AGED ABOUT50YEARS, NOP. 438, 3RD CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 29. SMT MUNIYAMMA W/O LATE MUTHU, 6 WP42278295/2012 AGED ABOUT47YEARS, No.27, 6TH CROSS, VINAYAKANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 30. SMTT R AMUDA W/O RAJAMANI, AGED ABOUT37YEARS, No.27, 6TH CROSS, VINAYAKANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 31. G PERUMAL S/O LATE GOVINDA SETTY, AGED ABOUT71YEARS, NO.666, 8TH CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 32. Y NARAYAN S/O YELLAPPA, MAJOR, No.659, 8TH CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 33. SMT MUNIYAMMA W/O AVALAPPA, AGED ABOUT55YEARS, NO.110, K.R. ROAD, 7TH BLOCK, JAYANAGAR BANGALORE- 560 082 34. L RAVICHANDRAN S/O LATE LAKSHMANA, AGED ABOUT45YEARS, NO.10A, PIPELINE, BAHUBALINAGAR, JALAHALLI, BANGALORE- 560 013 7 WP42278295/2012 35. N JAGANNATH S/O P NARASIMHA REDDY, AGED ABOUT43YEARS, No.395,3RD CROSS, CHANNAKESHAVANAGAR, ELECTRONIC CIYT POST, BANGALORE- 560 100 36. MOHAMMED KHAN S/O LATE MOHAMMED HANEEF, MAJOR, No.37, BALAJI NAGAR, DRC POST, BANGALORE- 560 029 37. K ARMUGAM S/O LATE KEMPAIAH, AGED ABOUT55YEARS, No.146, "B" TYPE, CPWD QUARTERS, DOMLUR LAYOUT, BANGALORE- 560 071 38. SMT ESWARI S/O K ARMUGAM, AGED ABOUT45YEARS, No.146, "B" TYPE, CPWD QUARTERS, DOMLUR LAYOUT, BANGALORE- 560 071 39. K T ASHRAF S/O ABDUL REHAMAN, AGED ABOUT42YEARS, No.56 & 57, 3RD CROSS, VINAYAKANAGAR, NAGANATHAPURA, ELECTRONIC CITY, BANGALORE- 560 100 40. SMTT MOHSINA BANU W/O GHOUSE KHAN, AGED ABOUT31YEARS No.8L, 2ND CROSS, ANTHONY NICHOLAS STREET, 8 WP42278295/2012 ASHOKA NAGAR, BANGALORE- 560 025 41. M SATHISH S/O P MADAIAH, MAJOR, No.165, 2ND "C" MAIN, 8TH BLOCK, KORAMANGALA, BANGALORE- 560 096 42. SMT KALIYAMMA W/O SIDDAPPA, AGED ABOUT58YEARS, No.284, CENTRAL JAIL ROAD, VINAYAKA NAGAR, NAGANATHAPURA VILLAGE, ELECTRONIC CITY POST, BANGALORE- 560 100 43. LOKESH S/O LATE NAGAIAH, AGED ABOUT58YEARS, No.41 & 41, 4TH CROSS, VINAYAKA NAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 44. SMT SHIVAMMA W/O LOKESH, AGED ABOUT45YEARS, No.41 & 41, 4TH CROSS, VINAYAKA NAGAR, ELECTRONIC CITY POST, BANGALORE- 560 100 45. MURUGAVEL S/O MUNISWAMY, AGED ABOUT37YEARS, NO.1,1ST MAIN, SHANTHI NAGAR, HONGASANDRA, BOMMANAHALLI, BANGALORE- 560 068 46. SENDIL KUMAR S/O VELU CHETTIYAR, AGED ABOUT38YEARS, 9 WP42278295/2012 NO.9, NARAYANAPPA GARDEN, TAVAREKERE, BANGALORE- 560 029 47. SMT BASAMMA W/O SHIVAPPA, AGED ABOUT45YEARS, H.No.26/27, 3RD CROSS, VENKATAPURA, KORAMANGALA, BANGALORE- 560 034 48. SMTT SATHYAVATHI R W/O P VENKATASWAMY REDDY, AGED ABOUT50YEARS, No.8/A,11TH CROSS, MARUTHI NAGAR, MADIWALA, BANGALORE- 560 068 49. O NATARAJAN S/O ONKALI, AGED ABOUT47YEARS, NO.9, 5TH CROSS, VINAYAKA NAGAR, NAGANATHAPURA VILLAGE, ELECTRONIC CITY, BANGALORE- 560 100 50. SMT V SARAVANI W/O N RAMANNA, AGED ABOUT40YEARS, CHANNAKESHAVA NAGAR, NAGANATHAPURA, SINGASANDRA POST, BANGALORE- 560 068 51. SUBRAMANI S/O KARIYAPPA, MAJOR NO., 887,BEHIND GOVT.HOSPITAL CHANNAKESHAVANAGAR, ELECTRONIC CITY, BANGALORE- 560100 10 WP42278295/2012 52. SMT M MUNIRATHNAMMA W/O R VENKATESHA REDDY, MAJOR, N. 15/16/33/3,1ST MAIN ROAD, 6TH CROSS, SINGASANDRA VILLAGE, HOUSUR MAIN ROAD, BANGALORE- 560 068 53. ANTHONY RAI S/O CHOWRAPPA, MAJOR, No.783, 6TH CROSS, CHANNAKESHAVANAGAR, HOSA ROAD, ELECTRONIC CITY POST, BANGALORE- 560 100 54. M RAMAIAH S/O LATE MUNISWAMAPPA, AGED ABOUT68YEARS, No.725, CHANNAKESHAVANAGAR, CENTRAL JAIL MAIN ROAD, ELECTRONIC CITY, BANGALORE- 560 100 55. SMTT AMRUTHA W/O SRI SRINIVAS, AGED ABOUT30YEARS, No.725, CHANNAKESHAVANAGAR CENTRAL JAIL MAIN ROAD, ELECTRONIC CITY, BANGALORE- 560 100 56. T RAJU S/O THIMMARAYAPPA, AGED ABOUT51YEARS, No.79, 1ST CROSS, VINAYAKANAGAR, NAGANATHAPURA, DODDANAGAMANGALA ROAD, BANGALORE- 560 100 57. V SHEKAR REDDY S/O VENKATARAMA REDDY, AGED ABOUT40YEARS, 11 WP42278295/2012 No.25, NAGANATHAPURA, ELECTRONIC CITY POST, BANGALORE- 560 100 58. YELLAPPA S/O LATE MALYELLAPPA, AGED ABOUT65YEARS, No.25/1, 6TH MAIN, VINAYAKANAGAR, NAGANATHAPURA DODDANAGAMANGALA ROAD, BANGALORE- 560 100 59. S SUBRAMANI S/O LATE SINGARAM, AGED ABOUT40YEARS, NO.1,5TH CROSS, VINAYAKANAGARA, DODDANAGAMANGAL ROAD, BANGALORE- 560 100 60. SMT G GEETHA W/O S SUBRAMANI, AGED ABOUT37YEARS, NO.1,5TH CROSS, VINAYAKANAGARA, DODDANAGAMANGALA ROAD, BANGALORE- 560 100 61. N YELLAPPA S/O LATE NANJAPPA, AGED ABOUT65YEARS, No.108, K.R. ROAD, A.K.COLONY, YEDIYUR, 7TH BLOCK, JAYANAGAR, BANGALORE-560 082 62. SMT SATHYA PADMANABHAN W/O R PADMANABHAN, AGED ABOUT47YEARS, NO.12, VYAYAPURI LANE, ARMUGAM MUDALIARR STREET, KALASIPALYAM, BENGALURU-560 002 12 WP42278295/2012 63. SMT K RATHNAMMA D/O K KANDASWAMY, AGED ABOUT41YEARS, No.1468, 4TH CROSS, 25TH MAIN, BTM LAYOUT, II STAGE, BENGALURU- 560 076 64. K GAPANATHI S/O LATE T KANNAIAH, AGED ABOUT58YEARS, No.434, 8TH CROSS, 29TH MAIN, BTM LAYOUT II STAGE, BENGALURU- 560 076 65. G SUNDAR RAJ S/O LATE GOVINDAN, AGED ABOUT35YEARS, No.31,6TH CROSS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BENGALURU- 560 100 66. JAGADISH S/O JAIPAL, AGED ABOUT29YEARS, No.31,6TH CROSS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BENGALURU- 560 100 67. SMT KALAVATHI D W/O DHANAPAL, AGED ABOUT34YEARS, No.47,7TH CROSS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BENGALURU- 560 100 68. N SHIVARUDRAPPA S/O NANJUNDAPPA, AGED ABOUT63YEARS, No.27, 3RD CROSS, PATEL BALAPPA LAYOUT, ADUGODI, BANGALORE- 560 030 13 WP42278295/2012 69. SMT HANUMANTHAMMA W/O D HANUMANTHU, AGED ABOUT55YEARS, NO.10/1, LAKSHMI NARASIMHA NILAYA, KORAMANGALA MAIN ROAD, ADUGODI, BANGALORE-560 030 70. SMT KAMALA W/O BHASKAR, AGED ABOUT35YEARS NO.5, 5TH CROSS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BANGALORE- 560 100 71. AJAY DABHADE S/O NEELKANTA RAO, AGED ABOUT35YEARS No.46/62, 4TH CROSS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BANGALORE- 560 100 72. LAXMAIAH REDDY S/O LATE YELLAPPA REDDY, AGED ABOUT60YEARS, VINAYAKANAGAR, DODDANAGAMANGALA ROAD, BANGALORE- 560 100 73. MAHESH G S/O LATE GUNDAPPA, AGED ABOUT30YEARS, No.77, 1ST CROSS, VINAYAKANGAR, NAGANATHAPURA BANGALORE-560 100 74. M SRINIVASA REDDY S/O LATE MUNIVENKATAPPA, AGED ABOUT58YEARS, NO.19,5TH CROSS, VINAYAKANAGAR, 14 WP42278295/2012 NAGANATHAPURA, BANGALORE- 560 100 ... PETITIONERS (By Sri./Smt : M J ALVA & S J ALVA) AND1 THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE- 560 009 2. THE ASST. COMMISSIONER BANGALORE SOUTH SUB-DIVISION, BANGALORE- 560 009 3. KRISHNAPPA S/O LATE MUNISWAMAPPA, AGED ABOUT67YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 4. NARAYANAPPA S/O LATE MUNISWAMAPPA, AGED ABOUT65YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 5. K RAVI S/O LATE KRISHNAPPA AGED ABOUT36YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 15 WP42278295/2012 6. K ABBAIAH S/O LATE KRISHNAPPA AGED ABOUT46YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 7. SMT K SARASAMMA D/O KRISHNAPPA AGED ABOUT44YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 8. SMT K SHARADAMMA D/O KRISHNAPPA AGED ABOUT40YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 9. SMT K MANJULA D/O KRISHNAPPA AGED ABOUT32YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 10. SMT DHANALAKSHMAMMA D/O KRISHNAPPA AGED ABOUT28YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE- 560 100 16 WP42278295/2012 11. MISS K P PUSHPALATHA D/O KRISHNAPPA, AGED ABOUT23YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 100 12. N KRISHNAPPA S/O NARAYANAPPA AGED ABOUT40YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 100 13. N SURESHA S/O NARAYANAPPA AGED ABOUT35YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 100 14. SMT N MOHANA KUMARI D/O NARAYANAPPA AGED ABOUT28YEARS, R/AT PARAPPANA AGRAHARA VILLAGE, ELECTRONIC CITY POST, BEGUR HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 100 ... RESPONDENTS (By Sri./Smt : GOVT ADV FOR R1 &2) THIS WRIT PETITION IS FILED UNDER ARTICLES226& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER
DATED279.12 PASSED BY THE LEARNED DEPUTY COMMISSIONER, BANGALORE DIST, BANGALORE/R1 VIDE ANNX-A AND ETC. 17 WP42278295/2012 THIS PETITION COMING ON FOR PRELIMINARY HEARING-B GROUP THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
1 Petitioners are challenging the order dated 27.09.2012 passed by the 1st respondent – Deputy Commissioner, Bengaluru District, Bengaluru.
2. By the impugned order, 1st respondent has allowed the appeal filed by respondents 3 to 14 under Section 5-A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the Act’) and has directed resumption of the land to the Government and for restoration of the same in favour of the original grantees or their legal heirs.
3. All the 74 petitioners who have joined together to file this joint writ petition claim to be in possession and enjoyment of different sites formed in Sy. No.62 measuring 7 acres 23 guntas of Naganathapura village, Begur Hobli, Bengaluru South Taluk. Petitioners 1 to 57 were parties in the appeal filed before the 1st respondent, whereas the other petitioners were not parties in the said proceedings before the 1st respondent, but they also feel aggrieved by the order passed by the 1st respondent, 18 WP42278295/2012 therefore, they have joined the other petitioners in challenging the impugned order.
4. It is the case of the petitioners that in the land in question layout of sites by name Vinayakanagar Layout had been formed which falls within the limits of Bruhat Bengaluru Mahanagara Palike. It is urged that the layout was formed by the original owners of revenue land after obtaining approval for the same from the jurisdictional panchayat. It is further urged by the petitioners that they have purchased the sites formed in the layout and have constructed residential houses. They claim that majority of them have been residing in the houses constructed in the sites. In support of their contention that several houses have been constructed over the sites and the land has become fully developed and the petitioners have occupied the same, they have produced photographs at Annexures-F1 to F7.
5. The land in question originally belonged to Naganateshwara Temple. Smt. Chinnamma, Muniyappa and Narayanappa had claimed occupancy rights. According to the petitioners, they were granted occupancy rights in respect of different bits of land. Karnataka Industrial Areas Development 19 WP42278295/2012 Board (for short, ‘KIADB’) proposed to acquire the said lands for industrial purpose and in this regard preliminary notification was issued on 21.11.1986. This was followed by final notification dated 26.06.1987. An award was passed on 24.01.1997. Thus, the lands stood acquired by the State Government for the benefit of KIADB.
6. Petitioners have urged that when the acquisition proceedings were underway, the original grantees entered into joint development of the land with one Jayaram Reddy by executing General Power of Attorney in his favour in respect of a portion of the land measuring 3 acres 5 guntas. The said Jayaram Reddy formed private layout on behalf of the original grantees. The remaining area was developed by one of the grantees himself. Thus the entire land was converted into a private layout and sale deeds were executed in respect of the sites in favour of various persons including petitioners herein. The purchasers of sites constructed dwelling houses wherein they continued to reside. Petitioners urge that roads were formed, street lights were laid, water supply and other basic amenities including drainage and sewage system was provided to the entire area making it a purely residential locality.
7. 20 WP42278295/2012 It is contended by the petitioners that as the lands were under acquisition, they moved the Government for de-notifying the land comprised in Sy. No.62. In fact, respondents 5 to 14 herein had filed W.P.No.355/2007 before this Court seeking a direction to the Government and KIADB to restore the land and to put them in vacant possession of the same. These petitioners were not made parties in the said writ petition. Later on, some of the petitioners came on record and after noticing the developments that had taken place in the interregnum, this Court dismissed the writ petition on 19.09.2007. Writ appeal filed against the said order was also dismissed with an observation that the writ petitioners could approach the Civil Court to redress their grievance. The grantees/legal heirs have filed O.S.No.1183/2010 seeking direction against the State Government and the Special Deputy Commissioner for land acquisition to restore vacant possession of the property.
8. Petitioners have also contended that having regard to the representations made by them and the development that had taken place over the land in question, KIADB had passed a resolution dated 22.02.2002 in Subject No.20 resolving to “re- grant the property to the respective land/site owners, in view of 21 WP42278295/2012 existence of structures and formation of housing layout, subject to the condition that they should bear the expenses towards stamp duty and registration charges”. The resolution further made it clear that a sum of Rs.34,49,623/- paid by MICO (for whose benefit the land was acquired) towards the cost of the land be refunded to the company.
9. Indeed, in the impugned order passed by the 1st respondent, there is a reference made to an endorsement dated 04.12.2003 issued by the KIADB, wherein this aspect has been reiterated by referring to the resolution dated 22.02.2002 passed by the KIADB. It is thus clear that the land was acquired for the benefit of KIADB. It stood vested in the KIADB in terms of the provisions contained under Section 28(4) of the Karnataka Industrial Areas Development Act, 1966, (for short, ‘KIAD Act’) for industrial purpose and on the publication of the final notification, it stood absolutely vested in the State Government free from all encumbrances and indeed an award also came to be passed as back as on 24.01.1997. As the owners who had constructed houses in the said land in their respective sites moved the State Government and KIADB bringing their helpless condition to the notice of the authorities 22 WP42278295/2012 and sought for re-grant of the land, wherein they had put up construction. KIADB passed the resolution referred to above and the State Government has thereafter passed the order dated 26.11.2005. Annexure-R is the gazette notification published in the Karnataka Gazette dated 26.11.2005, wherein it is made clear that the extent of 7 acres 3 guntas comprised in Sy. No.62 of Naganathapura village was excluded from the notifications acquiring the land for industrial purpose and the said notification has been issued in exercise of the power under Section 4 of the KIAD Act. It is, thereafter that the legal representatives of the grantees have moved the Assistant Commissioner – 2nd respondent seeking resumption and restoration of land claiming that the land was originally a granted land as per Section 3(1)(b) of the Act.
10. The 2nd respondent dismissed the application holding that as the predecessor-in-title of the applicants before him were granted land under Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (for short, ‘Inams Abolition Act’), occupancy rights had been granted in recognition of their pre- existing right over the land and therefore, in the light of the judgment rendered in M.MUNIKENCHAPPA VS THE SPECIAL23WP42278295/2012 DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE & OTHERS – 2004(3) KAR.LJ579 it was not a granted land and the provisions of the Act were not applicable to the same.
11. On appeal before the 1st respondent, 1st respondent has reversed the said finding holding that sale transactions in favour of the purchasers had taken place after 01.01.1979, the date on which the Act came into force without obtaining previous permission from the Government as required under Section 4(2) of the Act, and therefore, all those transactions in the form of various sale deeds were null and void being in violation of Section 4(2) of the Act. He has further found that as could be seen from the endorsement issued by the KIADB on 04.12.2003, the land in question was re-granted/returned to its owners and that occupancy rights had been conferred in respect of the land in question by the Land Tribunal vide its order dated 31.03.1981 under the Mysore (Religious and Charitable) Inams Abolition Act, 1955 (for short, ‘1955 Act’), and therefore, the provisions of the Act were applicable to the said land in the light of the judgment in BHEMANNA VS DEPUTY COMMISSIONER, CHITRADURGA DISTRICT & OTHERS – ILR24WP42278295/2012 2010 KAR5011 It is in this background, petitioners have filed this writ petition.
12. I have heard Mr. M.J.Alva, learned Counsel appearing for the petitioners and the Mr. Sreevatsa, learned Senior Counsel appearing along with Mr. T.Krishna, learned Counsel for respondents 3 to 14.
13. It is mainly contended by the Counsel for the petitioners, placing reliance on the judgment of the Full Bench in the case of MOHAMMED JAFFAR & ANOTHER VS STATE OF KARNATAKA, BY SECRETARY, REVENUE DEPARTMENT & OTHERS – ILR2002KAR4693 and the judgment in the case of M.MUNIKENCHAPPA VS THE SPECIAL DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE & OTHERS – 2004(3) KAR.LJ579 that occupancy rights have been granted in recognition of the pre- existing rights and therefore, the same cannot be termed as a granted land for the purpose of the Act. He also submits that the judgment of Munikenchappa’s case has been affirmed by the Division Bench in the two judgments of this Court in the case of JAGADISH VS STATE OF KARNATAKA – 2013(3) ILR4091 and another unreported judgment in the case of SMT. JAYAMMA VS ASSISTANT COMMISSIONER & OTHERS in 25 WP42278295/2012 W.A.No.3914/2009 disposed of on 25.07.2012. Counsel for the petitioners has further submitted that in any event, upon the acquisition of the lands by the State Government, the rights if any, in all the grantees and their legal representatives ceased and by virtue of the Section 7 of the Act, there is an exemption from application of the Act in so far as transfer of granted lands in favour of Government either before or after the commencement of the Act. He submits that by virtue of the acquisition, the lands stood transferred and vested in the State Government and therefore, even in the face of Section 11 of the Act, which gives overriding effect by virtue of provisions of Section 7, the land in question cannot be regarded as a granted land and the provisions of the Act cannot be made applicable.
14. Mr. Sreevatsa, learned Senior Counsel appearing for respondents 3 to 14, contends that this is not a case of grant of occupancy rights in favour of tenants under Sections 4, 5 or 7 & 8 of 1955 Act; order passed by the Land Tribunal makes it clear that registration of occupancy rights in favour of the grantees has been ordered by the virtue of Section 31-A of 1955 Act, which is not in recognition of any pre-existing rights of the tenant for grant of such occupancy and hence, the ratio laid 26 WP42278295/2012 down in the judgment of the Full Bench has no application to the facts of the present case. He points out that occupancy has been registered under Section 27 of the 1955 Act by collecting one hundred times the land revenue payable in respect of the land and therefore it cannot be regarded as conferment of occupancy rights in favour of the tenants in recognition of the pre-existing rights. It is urged, in this context that the grantees would fall under the provisions of Section 6 of the 1955 Act, which provides for registration of occupancy under Section 27 or 31-A of the 1955 Act, as the case may be.
15. In so far as the acquisition of land is concerned, he points out that upon de-notification of the land, the status quo ante gets restored and the ownership of the grantees over the land in question by virtue of the grant made would automatically get recognized and therefore, any alienations made either by virtue of execution of power of attorney or by way of registered sale deeds after coming into force of the Act, would be affected by Section 4(2) of the Act.
16. Learned Additional Government Advocate submits that indeed the lands have been exempted from being utilized for industrial area only keeping in mind the interest of the persons 27 WP42278295/2012 who have put up construction over the sites and this fact has been amply demonstrated by the resolution passed by KIADB read with the notification issued by the State Government excluding the land from industrial area.
17. Having heard the learned Counsel for all the parties and on consideration of the entire materials on record, I find that the facts and circumstances as pleaded and probablized by the documents produced would disclose that petitioners have purchased various sites formed in the land in question and have put up construction over the same. Many of them have been residing there. The photographs produced clearly disclose construction of buildings over the land. It is also clear from the notifications issued acquiring the land and the award passed that the State Government acquired the land for the purpose of MICO Company way back in the year 1987. Final notification had been issued on 26.06.1987. Award has been passed on 24.01.1997. Petitioners have purchased the sites formed in the land after the land was acquired and after the land stood vested in the State. Therefore, once the land stood vested in the State by virtue of the acquisition made by the State, the provisions of the Act will not be applicable because the land stood 28 WP42278295/2012 transferred in favour of the State. After acquisition, right, title and interest of the owners of land ceased. They will only get the right to seek compensation and would be entitled to seek reference to the Civil Court for enhancement of compensation under the provisions of the KIAD Act read with Land Acquisition Act. Proceedings of KIADB as reflected in the resolution dated 22.02.2002 disclose that KIADB has taken note of the construction put up over the land by the said owners and the futility of the land being continued and earmarked for industrial purpose. Therefore, it has passed a resolution keeping in mind the interest of the owners of the constructed buildings viz., petitioners herein that the land to that extent has to be re-granted in their favour. Based on this resolution, the State Government having considered the matter has issued notification dated 26.11.2005 vide Annexure-R excluding and exempting this land from the acquisition in exercise of the power under Section 4 of the KIAD Act. This action of the State Government is not to de-notify the land but is not in recognition of the fact that the land would not be any longer made use of for industrial purpose of the beneficiary MICO Company, because of the constructions put up. Therefore, the grantees or their legal representatives cannot 29 WP42278295/2012 claim any right over the land contending that there has been de-notification of the land and the effect of de-notification would be to restore the land to its owners/original grantees along with all their right, title and interest over it.
18. Apart from the above, this is not a case where land comprised in Sy. No.62 has been granted in favour of the original grantees without the original grantees having any pre- existing right or claim rights in respect of the lands. The grant of occupancy rights under the provisions of 1955 Act in favour of tenants even under Section 6 by virtue of the provisions contained under Sections 27 or for that matter under Section 31-A cannot but be regarded as grants made in recognition of the existing rights of the tenants.
19. The Land Tribunal has passed the order on 31.03.1981 conferring occupancy rights in favour of the grantees under Section 31-A of the 1955 Act. The said provisions make it clear that they are applicable to persons who are entitled to be registered as occupants under Sections 4, 5, 7 & 8 and agriculturists who hold lands on lease from such persons as tenants immediately before the date of vesting. Merely because occupancy is not granted under Sections 4, 5, 7 & 8 or that the 30 WP42278295/2012 occupancy rights are granted recognizing grantees as tenants under Section 6, it cannot be said that they had no pre-existing rights. In fact, even assuming that the grants are made under Section 27 as contended by the learned Senior Counsel, the language used in the said provision makes it clear that once the grantee is shown to be a tenant and comes forward to pay amount equal to one hundred times of the revenue payable, then he shall be registered as occupant of such land. Therefore, the right conferred in favour of tenant to seek registration of occupancy rights is recognized under Section 27 of 1955 Act provided he establishes that he was a tenant under the Inamdhar as on the date the land stood vested in the State. Section 6 recognizes such tenants and enacts that such tenants shall continue to be tenants under the Government. There is protection against their eviction followed by recognition of their rights to get registration of occupancy rights on payment of 100 times of the land revenue. Therefore, the argument advanced by the learned Senior Counsel that there was no pre-existing right in favour of the grantees to seek occupancy rights cannot be accepted. 31 WP42278295/2012 20. The judgment of the Full Bench and the Division Bench referred to supra and relied upon by the learned Counsel for the petitioners are applicable to the facts and circumstances of the instant case. 1st respondent has erred in law in placing reliance on the judgment of this Court in the case of BHEMANNA VS DEPUTY COMMISSIONER, CHITRADURGA DISTRICT & OTHERS – ILR2010KAR5011 The said case has no relevance to the facts of the present case because question of pre-existing right of a tenant who has been conferred with occupancy rights under the provisions of 1955 Act did not fall for consideration in the said judgment. Therefore, reasons assigned and conclusions reached by the 1st respondent are wholly erroneous.
21. In the light of the above, this writ petition is allowed. Impugned order passed by the 1st respondent is set aside. It is made clear that question dealt with in this case is confined to the applicability of the provisions of the Act. KK Sd/- JUDGE