Judgment :-

A.K. PATNAIK, J.

Permission to file Special Leave Petition (C) Nos.18843/2007 and 18846/2007 granted. Delay condoned and leave granted in the Special Leave Petitions. We also condone the delay in filing the applications for substitution and allow the applications for substitution. We also allow the applications for impleadment.

2. These Civil Appeals are directed against the common judgment dated 22.12.2006 of the Division Bench of the High Court of Karnataka in a batch of Writ Petitions in relation to 34 acres and 3 guntas of Inam land in Bangalore District which was allotted by the State Government to an association of teachers for construction of houses and for which the Bangalore Development Authority has sanctioned a lay out plan. The Bangalore Development Authority has filed Civil Appeal No.3037/2007, the legal representatives of Inamdars have filed Civil Appeal No.3038/2007, the Teachers Colony Residents Association has filed Civil Appeal No.3049/2007 and several owners of the house sites have filed the remaining Civil Appeals.

Facts

3. The relevant facts briefly are that the Mysore (Personal & Miscellaneous) Inam Abolition Act, 1954 (for short `the Inam Abolition Act) was enacted for abolition of personal Inams and other miscellaneous Inams in the State of Mysore, except Bellari District. On the Inam Abolition Act coming into force on 1.2.1959, all rights, title and interests vested in the Inamdars ceased and vested absolutely in the State of Mysore free from all encumbrances. Every Inamdar, however, was entitled to be registered as an occupant of land and could make an application before the Special Deputy Commissioner, Inam Abolition, for such registration as an occupant.

4. Sreenivasa Rao and Babu Rao, two Inamdars, filed applications for registration as occupants in respect of some lands in Survey Nos. 45 and 47 of Jakkasandra village, Bangalore South Taluk. When these applications were pending before the Special Deputy Commissioner, Kendra Upadhyayara Sangha (for short `the Sangha), an association of teachers, applied for grant of land for house sites to its members and the Special Deputy Commissioner, Bangalore District, proposed grant of land measuring 34 acres 3 guntas in Survey Nos. 45 and 47 of Jakkasandra village in favour of the Sangha. The Divisional Commissioner, Bangalore, while recommending the proposal of the Special Deputy Commissioner, Bangalore District, for grant of the land in favour of the Sangha, reported that the land in question was a Devadaya Inam Land in respect of which applications for occupancy rights were still pending settlement before the Special Deputy Commissioner, Inam Abolition. The Government of Karnataka in the Revenue Department by an order dated 15.6.1979 accorded sanction for grant of the land measuring 34 acres 3 guntas out of Survey Nos.45 and 47 of Jakkasandra village in favour of the General Secretary of the Sangha for providing house sites to the Members of the Sangha subject to the decision in the dispute pending before the Special Deputy Commissioner, Inam Abolition. The Government also fixed a price of Rs.10,000/-per acre amounting to Rs.3,40,750/-for grant of the land and a conversion fine of Rs.4,000/- per acre in its order dated 15.06.1979 and the amounts were deposited by the Sangha.

5. On 4.8.1979, Sreenivasa Rao filed O.S. No.687/1979 in the Civil Court, Bangalore, questioning the grant made by the State Government in favour of the Sangha and praying for a decree of permanent injunction against the Sangha in respect of the land. On 1.11.1980, however, Sreenivasa Rao and Babu Rao entered into an agreement with the Sangha to withdraw the suit on receipt of Rs.2,000/-per acre in respect of 34 acres and 3 guntas of land in addition to the amount of Rs.3,40,750/- deposited by the Sangha towards the price of the entire land with the Government. Accordingly, on 8.11.1980 Sreenivasa Rao filed a memo in the Court saying that he does not want to press O.S. No.68