2005 Supreme(Kar) 300

Karnataka High Court
STATE OF KARNATAKA - Appellant
Versus
GOKULA EDUCATION FOUNDATION, BANGALORE - Respondent
Decided On : 05-27-05
Writ Appeal : 3794 of 2004

Headnote:

LAND ACQUISITION - SUBJECT LANDS NOT VESTED IN THE STATE GOVERNMENT AND THE BDA - ALLOTMENT MADE BY THE BDA IN FAVOUR OF BMTC IS WHOLLY UNAUTHORISED AND BEYOND THE SCOPE OF THE ACT - WRIT PETITIONS ALLOWED.

Fact of the Case:

The GEF is a trust constituted under the registered Deed of Trust dated 20-12-19,62. The object of the trust among others, is to run educational institutions in various faculties including Engineering, medical Science, Management, Law etc. The M. S. Ramaiah Institute of technology was established prior to 1962 and started functioning from 1962. Massive buildings were put up from time to time for running various professional colleges and teaching hospitals and for providing other infrastructural facilities. The GEF has established more than 25 educational institutions which include professional colleges in Medicine, dentistry, Engineering, Business Management, Law, etc. , and all the institutions are recognised by the statutory authorities like Medical council of India, Dental Council of India, All India Council for Technical education, Bar Council of India, State Government, concerned universities etc. 85% of seats in Engineering and other professional courses are filled up by the candidates sponsored by the Government of karnataka through Common Entrance Test. The GEF is the owner in possession and enjoyment of 76 acres and 30 guntas of land in Sy. Nos. 6/1, 6/2, 7, 8, 9, 10, 11, 12, 13, 20 and 21 of chikkamaranahalli Village (measuring in all 52 acres and 04 guntas), sy. Nos. 27, 29/1 and 29/2 of Devasandra Village (measuring in all 8 acres and 7 guntas) and Sy Nos. 7, 8, 9, 10 and 11 of Mathikere Village (measuring in all 16 acres and 19 guntas), Kasaba Hobli, Bangalore north Taluk. The GEF has put up huge buildings over the said lands covering an extent of about 70 acres to house its various General and professional Educational Institutions/colleges, Teaching Hospitals and super-speciality hospitals and it has earned reputation as one of the premier Educational Institution in the country. Its professional colleges and its teaching and super-speciality hospitals are equipped with sophisticated equipments and other paraphernalia of world standard. The GEF has also built Libraries, Laboratories, Hostels for boys and girls, parking places, workshops, Administrative blocks etc. , covering a compact block of about 70 acres of land enclosed by a massive compound wall all around. It is stated that the strength of the students studying in various colleges at the time of filing the writ petition was around 7000. The GEF has built hospital with bed strength of 1000 with all modern facilities. It is stated that the GEF has not so far constructed staff quarters of its own for accommodating staff of essential services such as doctors, Nurses Attenders etc. It is stated that the GEF is under an obligation in terms of Regulation 3, Part 11 (8) of the Establishment of medical College Regulations, 1999 to accommodate essential staff in the near proximity of the hospital building. Therefore, the GEF has reserved 2 acres 1 gunta of land in Sy. No. 20 and 2 acres 3 guntas of land in Sy. No. 21 of Chikkamaranahalli Village, which forms a compact block of 4 acres 4 guntas for the said purpose and that parcel of land would be quite suitable for the purpose of constructing staff quarters. It is also claimed by the GEF that appreciating the above need, the State and the bda did not take possession of the said lands nor did they make any attempt to do so at any time.

Finding of the Court:

The learned Single Judge having examined the earlier attempts made to acquire the subject lands by the State Government and the bda and having not found any evidence to show that in pursuance of the acquisition proceedings, physical possession of the subject lands were taken over by the State Government and the same was handed over to the BDA and having noticed that GEF has utilised the subject lands for building educational institutions and Hospitals, Laboratories, libraries etc. , after obtaining necessary permission from the concerned statutory and governmental authorities, has opined that the GEF is entitled to the reliefs claimed by it and, accordingly, the learned Judge allowed the writ petitions and granted the reliefs as already referred to above.

Issues: None

Ratio Decidendi: The State must take over actual physical possession of the acquired land and not notional possession of such land by drawing a mahazar.

Final Decision: Writ petitions allowed.