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2011 Supreme(Kar) 586

High Court of Karnataka
THE HONOURABLE MRS. JUSTICE MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE S.N. SATYANARAYANA
T. Venkatesh Reddy, Bangalore & Others
Versus
The State of Karnataka by its Secretary to Department of Housing and Urban Department, Bangalore & Others
Writ Appeal Nos.4772-4811 of 2003 in W.Ps. 40156-67 of 2003 & 41771-792 of 2002, C/W Writ Appeal Nos. 263 of 2008 & 5137-97 of 2011
Decided On : 12-10-2011

Advocates Appeared:
For the Appellants:R.S. Hegde, V. Lakshminarayana, Advocates.
For the Respondents:R1 - Basavaraj Kareddy, Prl.GA, R2 & R3 - Nanjunda Reddy Sr. Counsel & Ravi. G. Sabhahit, Advocates.

Headnote:BANGALORE DEVELOPMENT AUTHORITY ACT, 1976 - Section 17: [Manjula Chellur & S.N. Satyanarayana, JJ] Challenge to acquisition of land - Several grounds raised such as scheme not implemented within time, land acquired not vested in Government and that there was modification of scheme without approval of Government - Records clearly disclosed that on date of preliminary and final notifications there was no development activity on lands and no third party rights were created - Land owners and Developer with full knowledge that subject land was under acquisition have entered into agreement to form a layout in utter violation of acquisition of lands - Several attempts were made by them seeking denotification of lands from acquisition - Moreover, very notification had already upheld by Court in earlier writ petitions and same remained unchallenged - Notifications have reached finality and entire scheme has been implemented well within time - Held, It cannot be interfered with.

Judgment :-

1. These two batch of writ appeals are filed by two sets of persons challenging the acquisition of approximately an extent of about 60 acres of land under various survey numbers situated in Devarachikkanahalli and Bilekanahalli Villages, Bangalore South Taluk, Bangalore District. The appellants in W.A.Nos.4772-800/2011 were petitioners before the learned Single Judge in W.P.Nos.40150-167/2002 and W.P.Nos.41771-792/2002. They are land owners of various survey numbers of Devarachikkanahalli and Bilekanahalli Village. They filed aforesaid writ petitions through their General Power of Attorney Holder, namely, the Managing Director and Executive Director of M/s. Addi Housing and Industries Private Limited, who had subsequently acquired interest in the said lands. The petitions in W.P.Nos.40150-167/2002 and W.P.Nos.41771-792/2002 were disposed off by common order dated 10.4.2003. The said common order was also passed in respect of another set of writ petitions in W.P.Nos.31726-727/2002. However, petitioners in the said batch have not challenged the order of dismissal of said petitions.

2. So far as appellants in W.A.No.263/2008 and 5137-5197/2011 are subsequent purchasers of sites formed in aforesaid survey numbers by M/s. Addi Housing and Industrial Limited by securing Power of Attorney through the land owners, namely, the appellants in the other batch of appeals. In both batch of writ petitions the challenge is to preliminary and final notifications respectively dated 6.8.1988 and 3.11.1990 for acquisition of the lands in question.

3. The fact that a large extent of land was notified under Section 17 of the BDA Act vide preliminary notification dated 6.8.1988 Gazetted on 15.12.1988 in respect of lands situated in Devarachikkanahalli and Bilekanahalli villages for formation of BTM IV stage layout of BDA is not in dispute. It is also not in dispute that subsequently, final notification was issued to a lesser extent of land on 3.11.1990 which was Gazetted on 20.11.1990. Thereafter, possession of said lands were taken from time to time under the relevant provisions of the BDA Act is also not in dispute. It is further not in dispute that subsequent to the issuance of final notification, the Power of Attorney Holders of appellants/land lords, namely, M/s. Addi Housing and Industrial Ltd., and its Directors entered into an agreement with the land owners for purchase of nearly an extent of 60 acres of land which were under acquisition for formation of a private layout thereon. In that behalf, they secured the General Power of Attorney from said land owners during the period 1992-94 i.e., subsequent to preliminary and final notifications being issued for acquisition of the lands in question.

4. Thereafter, it is stated that aforesaid company formed a layout thereon. It also formulated a scheme for sale of sites formed on the aforesaid lands i.e., by registering prospective purchasers as members of the said company and by receiving the value of the site from each one of them in 30 installments at Rs.5,000/-p.m., sold the sites formed therein to the appellants in the second batch of writ appeals and others.

5. It is further not in dispute that the company, namely, M/s. Addi Housing and Industrial Limited was aware of the acquisition proceedings of the lands in question and preliminary and final notification being issued way back in 1988 and 1990 itself. The records also disclose that several attempts were made by them by approaching the Government to seek denotification of the aforesaid lands. It is also not in dispute that several orders were also passed by Chief Ministers of various Governments at different point of time recommending denotification of aforesaid lands. However, the same has not fructified in passing an order denotifying the said lands. Having failed in their attempt the Developer of the aforesaid land, namely, M/s. Addi Housing and Industrial Limited initiated the proceedings challenging the acquisition of lan


















































































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