Dismissed

V Basavarajaiah v. State of Karnataka

Karnataka HC11 Jun 2024WP/23385/2022

Case brief

AI extract

What is this about?

Petitioner sought quashing of a 1997 preliminary notification and 2022 final notification relating to KIADB acquisition of land in Survey No.71, claiming his land fell outside the 24 Guntas acquired. The court found disputed questions of fact unsuitable for Article 226 jurisdiction and dismissed the writ petition with liberty to approach the Civil Court.

What the court decided

AI extract

V Basavarajaiah Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:20292 WP No. 23385 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.23385 OF 2022 (LA-RES)

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BETWEEN:

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V. BASAVARAJAIAH, AGED ABOUT 51 YEARS, S/O VEERAMARAIAH, R/AT NO.33, AMBHASHIVA KRUPA NIVASA, 1ST CROSS, SAPTHAGIRI EXTENSION, SHANKARNAG ROAD, GOTTIGERE, BANNERGHATTA MAIN ROAD, BANGALORE - 560 083.

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.…PETITIONER

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(BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. S.K. ACHARYA, ADVOCATE)

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AND:

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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STATE OF KARNATAKA, DEPARTMENT OF INDUSTRIES AND COMMERCE, GROUND FLOOR, VIKASA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY.

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THE SPECIAL LAND ACQUISITION OFFICER GRADE-II, KIADB, OFFICE NO.2, NO.39, SHANTHI GRAHA, BHARATH SCOUTS AND GUIDES BUILDING, 4TH FLOOR, PALACE ROAD, BANGALORE - 560 001.

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…RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2)

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2 - NC: 2024:KHC:20292 WP No. 23385 of 2022

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, WRIT OR DIRECTION BY QUASHING THE IMPUGNED PRELIMINARY NOTIFICATION DATED 19.04.1997 IN NO.C1 85 SPQ 97 VIDE ANNEXURE-N AND IMPUGNED NOTIFICATION DATED 26.04.2022 VIDE NO.CI.85.SPQ.97 (BHAGA), BENGALURU, VIDE ANNEXURE-P ON THE FILE OF THE R2 AND R1 AND TO DECLARE THE SAME AS UNCONSTITUTIONAL AND BARRED BY LAW AS THE SAME GETS LAPSED AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:

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ORDER

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The case of the petitioner is that a preliminary notification dated 19.04.1997 vide (Annexure-N) to the writ petition was issued by the State Government for acquiring the lands for the purpose of Karnataka Industrials Area Development Board (for short, 'the KIADB'). In the said notification, apart from other lands, 1 Acre 06 Guntas of land in Survey No.71 of Kyalasanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District was notified to be acquired. However, by virtue of the final notification issued on 26.04.2002 only 24 Guntas of land in Survey No.71 was acquired. It is submitted that the land of the petitioner falls outside the said 24 Guntas.

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NC: 2024:KHC:20292 WP No. 23385 of 2022

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However, the KIADB without authorization of law, is interfering with the property of the petitioner on the ground that the same has been acquired. Hence, the present writ petition is filed.

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Per contra , the learned counsel for the KIADB submits that the KIADB has acquired only 24 Guntas of land in Survey No.71 and there was a challenge to the said acquisition. The writ petitions have been dismissed and the same has been affirmed in the writ appeal as well as in the Special Leave Petition filed before the Supreme Court and the same has attained finality. It is further submitted that the acquisition has been completed in all respects. Pursuant to issuance of the final notification, possession has been taken, award has been passed and the amount has been deposited before the Reference Court. It is further submitted that the lands of the petitioner is in fact located within the acquired area of 24 Guntas and not outside it and the petitioner is trying to obtain an order by misleading this Court by stating that the same is beyond

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NC: 2024:KHC:20292 WP No. 23385 of 2022

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24 Guntas of land. For that reason, it is prayed that the writ petition be dismissed.

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Admittedly, only 24 Guntas of land have been acquired in Survey No.71 of Kyalasanahalli Village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District and the same has been upheld by the Courts. If the land of the petitioner is located within the said 24 Guntas of land, then they are not entitled to any remedy. However, if the land falls outside the said 24 Guntas and if the same has not been acquired in accordance with law in that event, the respondents have no authority to interfere with the possession of the petitioner over the property concerned.

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Under the circumstances, the question of setting aside any notifications does not arise. Further, admittedly, there is a disputed question of fact which this Court cannot adjudicate upon, in exercise of its powers under Article 226 of the Constitution of India. If the respondents are interfering with the peaceful possession of the property in question belonging to the petitioner and if it is falls outside

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NC: 2024:KHC:20292 WP No. 23385 of 2022

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the land which has been acquired by the respondent, then in that event, the petitioner is always having the liberty to

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approach the Civil Court to redress his grievances.

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Subject to the aforementioned observations, the Writ Petition is hereby dismissed .

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Sd/JUDGE

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CH List No.: 1 Sl No.: 4 CT: BHK

V Basavarajaiah v. State of Karnataka

Case brief

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What the court decided

V Basavarajaiah v. State of Karnataka

Case brief

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