These petitions are heard and disposed of by this common order as the legal issues canvassed are common to the petitions.

Re. WP 24113/2012

The facts as stated are as follows. The petitioner is said to be a member of a joint Hindu family. And he is the owner of land bearing Survey No.40/2, measuring 1 acre and 7 guntas of Lingapura village, Anekal Taluk, Bangalore Urban District. The petitioner is said to have acquired the same under a sale deed dated 1.8.2007. It is claimed to be well developed garden land and is close to the gramatana limits.

It transpires that the subject lands and other lands in the vicinity were notified for acquisition under the provisions of the Land Acquisition Act, 1894 (Hereinafter referred to as the ‘LA Act, for brevity) and a preliminary notification under Section 4(1) of the LA Act, dated 26.7.2010, was said to have been issued. The petitioner and his family members are said to have filed objections under Section 5 A of the LA Act, seeking that the lands be exempted from the acquisition. However, a final declaration is said to have been issued on 28.1.2012. It is the case of the petitioner that though several lands which are similarly situated have been deleted or excluded from the acquisition proceedings, notwithstanding the objections by the petitioner there is discrimination in proceeding against the lands of the petitioner.

It is the further case of the petitioner that the respondents had mentioned in the preliminary notification that the lands are required for the purpose of construction of houses by the Karnataka Housing Board, the second respondent herein. The same is reiterated in the final declaration. However, the report submitted under Section 5A of the LA Act does not make a mention of any Scheme or the purpose of acquisition. It is contended that the respondents had neither disclosed nor published any Scheme formulated under the Karnataka Housing Board Act, 1962 (Hereinafter referred to as the ‘KHB Act’, for brevity).

It is contended that there is no scheme accorded as required under Section 24(2) of the KHB Act.

It is contended that totally 223 acres and 23 guntas of lands were notified for acquisition in the preliminary notification. However the final notification is issued only in respect of 110 acres 18 guntas. The reasoning of the third respondent for deletion of the said extent is arbitrary and unjustifiable. Further, out of the lands notified for acquisition, under the preliminary notification of Lingapura Village, an extent of 41 acres and 2 guntas of Government Karab was notified, however in the final notification only an extent of 21 acres 24 guntas was notified. The reasons for the same are not forth coming in the report of the third respondent.

The preliminary notification as per Annexure-C, under the provisions of LA Act, was in the month of July 2010 and contrary to the provisions of proviso under section 6(1) of LA Act, the final notification was issued in the month of January 2012 that is after a lapse of one year, from the date of preliminary notification and hence the final notification as per Annexure-E is liable to be quashed.

The respondents failed to consider the proposal given by the petitioners in the light of a government order bearing No.DOH/124/KHB/2001 dated 3.9.2012, which was a scheme contemplating a joint venture, involving KHB and private parties. The petitioners had sought for this opportunity, of a joint venture with the first respondent as per the guidelines issued by the second respondent, to no avail.

It is further contended that the respondents have dropped the lands bearing Survey Nos.40/4, 5, 6, 7, 8A, 8B, 9, 10, 11, 12, 13, 13A and 13B from the acquisition proceedings on the ground that the said lands are converted and that the land owners had entered into a joint venture with one M/s. Sanskruthi Builders Private Limited to develop the said lands. The respondents 2 and 3 in their statement of objections have contended that the acquisition of the la