Sri. R Nagendrakumar Vs the State of Karnataka

SRI S GOPALAKRISHNA AGED ABOUT 70 YEARS S/O LATE SUBRAMANYA R/AT YANTANAGAHALLI VILLAGE AND POST, NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 112.

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…PETITIONERS

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(BY SRI. A. SAMPATH., ADVOCATE)

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Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING DR B R AMBEDKAR ROAD,

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BANGALORE - 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE DEPUTY COMMISSIONER BANGALORE DISTRICT PRESENTLY BANGALORE RURAL DISTRICT PODIUM BLOCK, BANGALORE -560 001.

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA

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BANGALORE RURAL DISTRICT- 560 001.

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THE TAHSILDAR NELAMANGALA TALUK MINI VIDHANA SOUDHA NELAMANGALA TOWN BANGALORE RURAL DISTRICT - 562 123.

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…RESPONDENTS

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(BY SMT. SPOORTHY HEGDE N.,HCGP FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE IMPUGNED NOTIFICATION DATED 26.09.1978 ENCLOSED AS ANNEXURE-C AS LAPSED. ISSUE A WRIT ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.3 AND 4 TO FORTHWITH REENTER THE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS OF THE PROPERTY DESCRIBED IN THE SCHEDULE.

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THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

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ORAL ORDER

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Petitioners claiming to be the owners of land bearing Sy.No.2 presently Sy.No.2/1 originally measuring 4 acres 8 guntas situated at Yantaganahalli, Kasaba Hobli, Nelamangala Taluk, that had been granted under the Inam's Abolition Act in favour of the father of the petitioner No.1 and the brother of

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the petitioner No.2, are before this Court seeking following reliefs:

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1. Issue a writ in the nature of certiorari declaring that the impugned notification bearing No.RHS(2)20/1978-79 dated 26.09.1978, enclosed as Annexure-C as lapsed.

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2. Issue a Writ order or direction directing the respondent No.3 and 4 to forthwith re-enter the names of the petitioners in the revenue records of the property described in the schedule below.

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Case of the petitioners is that respondent authorities had proposed to acquire an extent of 30 guntas of land out of 4 acre 8 guntas by issuing notification dated 14.04.1976 under Section 3(1) of the Karnataka Acquisition of Land for Grant of House Sites Act, 1972 followed by the final notification dated 26.09.1978 issued under sub-Section (3) of Section 3 of the said Act.

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That despite issuance of said notifications no award as contemplated under the Land Acquisition Act was ever passed and no possession has been taken over either. That this aspect of the matter has been acknowledged by the Assistant Commissioner vide letter dated 16.11.2006 produced at Annexure-E. The further case of the petitioners is that

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respondent No.2 by letter dated 28.12.2006 had recommended for denotification of the said land under Section 48(1) of the Land Acquisition Act. However no action thereafter has been taken constraining the petitioners to approach this Court seeking aforesaid reliefs.

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Objection statements is filed by learned HCGP specifically contending that though the notifications dated 14.04.1976 and 26.09.1978 had been issued, possession of land was not taken and compensation has also not been paid. It is further contended that one Sri.S.Nagaraj, Gopal Krishana, Ramakrishna, S/o Y.S.Krishnappa the family members of the petitioners by a Deed of Gift dated 09.06.1995 had conveyed an extent of 1 acre 20 guntas (130 ftx200 ft) to a PreUniversity College. By another document dated 23.01.1991 sons of late Subba Rao along with his wife Suvarnamma, the family members of the petitioners have conveyed an extent of land measuring 130 feet x 605 feet forming part of aforesaid land in Sy.No.2/1 being claimed by the petitioners. It is contended that the respondent-State has put up building consisting of Government offices, schools and hospitals in the aforesaid two portions of land. Except the aforesaid land, the

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respondent authorities have not utilized any other portion of the land in Sy.No.2/1. It is further contended that National Highway Authorities have acquired 8 guntas of land in Sy.No.2/1 and Doddakarenahalli village road has occupied 30 guntas of land and remaining land is still in possession of the petitioners.

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Learned HCGP on instructions submits that since the land which was notified under the notifications subject matter of this petition has not been acquired and respondent-State have no objection in allowing the petition as sought for, quashing the notifications to the said extent.

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Submission taken on record.

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Learned counsel for the petitioners at this juncture submit that though the respondent-State had not taken possession and had also not paid compensation pursuant to notification impugned in this writ petition and after filing the present petition they have illegally utilized portion of the said land for the purpose of construction of Pre-University college. Thus utilisation of the land by respondent authorities is illegal

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and liberty be reserved to the petitioners to seek appropriate remedy with regard to the same.

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Heard and perused the records.

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The total extent of land being claimed by the petitioners in Sy.No.2/1 of Yantaganahalli Village, Kasaba Hobli, Nelamangala is 4 acres 8 guntas of which admittedly an extent of 130x200 ft was conveyed by the family members of the petitioners in terms of deed of gift dated 09.06.1995. Another extent of land measuring 130 feet x 605 feet was conveyed on 23.01.1991 in favour of the respondent authorities who have put up buildings as referred to herein above for the purpose of Government offices, Colleges, Hospitals and other public buildings.

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Admittedly no further action is taken pursuant to the notifications impugned in this petition and in view of no objection being indicated by learned HCGP on instruction to allow the writ petition, following:

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ORDER

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(a) Petition is allowed. Notifications dated 14.04.1976 at Annexure-B and 26.09.1978 at Annexure-C are quashed to the extent of the property of the petitioners.

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(b) However since the petitioners now contend that without benefit of acquisition during the pendency of this writ petition respondent authorities have utilized certain portion of land in occupation of the petitioners, liberty is reserved to the petitioners to seek such remedy including seeking payment of compensation, if any and if permissible under law.

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(c) Petitioners are at liberty to submit a fresh representation within 30 days from the date of receipt of certified copy of this order. The Deputy Commissioner concerned shall examine the matter including conducting inquiry with regard to allegation of unauthorised utilization of the land and if found that the respondent authorities have utilised the land of the petitioner other than 130x200 ft subject matter of Gift Deed dated 09.06.1995 and 130 feet x 605 feet subject matter conveyed on 23.01.1991, and shall thereafter pass appropriate orders in accordance with law as expeditiously as possible.

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SD/(M.G.S. KAMAL) JUDGE

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SBN

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List No.: 1 Sl No.: 20

Sri. R Nagendrakumar v. the State of Karnataka

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Sri. R Nagendrakumar v. the State of Karnataka

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