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2014 Supreme(Kar) 838

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.L. MANJUNATH, RAVI MALIMATH, JJ.
Sri R. Hanumaiah Since deceased by his Lrs & Ors. - Appellants
Vs.
The State of Karnataka Represented by its Revenue Secretary & Ors. - Respondents
WRIT APPEAL NOS. 3051-3067 OF 2012(LABDA) AND WRIT APPEAL NO.3492 OF 2013(LABDA)
Decided On : 10-12-2014

Advocates:
Advocate Appeared:
Sri S. Vijayshankar, Sr. Counsel for Sri R. Vijaya Kumar, Advocate
Sri H. Anantha, HCGP for R1 Sri D.N. Nanjunda Reddy, Sr. Counsel for Sri K. Krishna, Advocate for R2 & R3

Headnote:

Notification Withdrawal - Land Acquisition - Section 48(1) of Land Acquisition Act - Summary of Acts and Sections: The court discussed the constitutional validity of Section 9 of BDA (Amendment Act 17/1994) and the power of the State Government to withdraw a notification under Section 48(1) of the Land Acquisition Act. The judgment highlighted the principles of natural justice and the need for the Government to reconsider the matter afresh by giving an opportunity to the appellants and the B.D.A.

Fact of the Case:

The appellants' family lands were acquired by the CITB for development purposes. After a series of legal battles and appeals, the Government issued a notification under Section 48(1) of the Land Acquisition Act to denotify the land. Subsequently, the Government withdrew the notification without hearing the appellants, leading to the filing of writ petitions to challenge the withdrawal.

Finding of the Court:

The court found that the Government's withdrawal of the notification without giving an opportunity to the appellants violated the principles of natural justice. The court set aside the order and directed the Government to reconsider the matter afresh by providing an opportunity to the appellants and the B.D.A.

Issues: The main issue was whether the Government had the authority to withdraw the notification under Section 48(1) of the Land Acquisition Act without hearing the appellants.

Ratio Decidendi: The court held that the Government's action of withdrawing the notification without giving an opportunity to the appellants violated the principles of natural justice. The court emphasized the need for the Government to reconsider the matter afresh by providing an opportunity to the appellants and the B.D.A.

Final Decision: The court set aside the Government's order to withdraw the notification and directed the Government to reconsider the matter afresh by giving an opportunity to the appellants and the B.D.A.

Judgment

Aggrieved by the dismissal of the writ petitions filed by the appellants herein in W.P.No.21186/2010 and W.P.No.23885895/2010, dated 20.04.2012. The unsuccessful writ petitioners are in these appeals.

2. Heard Sri. S. Vijayshankar, learned Senior Counsel appearing for the appellants, learned Government Advocate for respondent no.1 and Shri. D.N. Nanjunda Reddy, learned Senior Counsel appearing for respondent nos. 2 and 3 and the learned counsel appearing for the applicants.

3. The facts leading to these appeals are as hereunder:

According to the appellants, about 180 acres of lands of their family situated in Jakkasandra Village at Bangalore South Taluk was acquired by the then City Improvement Trust Board, Bangalore (hereinafter referred to as ‘CITB’ for short) under a preliminary notification dated 26.11.1959 for formation of house sites and industrial sites. A further extent of 102 acres of land was acquired for formation of St.John’s Medical College in the year 1965. On 26.06.1969 the then C.I.T.B., Bangalore passed a resolution to reconvey 8 acres, 21 guntas of land in survey No.26/1, 36/6, 32/8, 32/9, 32/10 and 32/17 of Jakkasandra Village now known as Koramangala Extension, Bangalore South Taluk, subject to condition that they shall withdraw all the cases pending in various courts.

4. According to the appellants, by their letter dated 24.1.1972, it was informed to then C.I.T.B. that they have no objection to withdraw the cases and they are agreeable to the terms and conditions imposed by the then C.I.T.B. Vide a letter dated 8/9.5.1972 the C.I.T.B., intimated about the Board’s resolution dated 19.04.1972 resolving to convey 6 acres, 20 guntas and 42 sq.yards and the concerned survey numbers was also mentioned vide Annexure-D to the writ petition. Since the resolution passed by the C.I.T.B. was not acted upon, a writ petition came to be filed in W.P. No.15487/1987 to issue a writ of mandamus to reconvey the land of 6 acres, 21 guntas and 42 sq.yards. The said petition came to be dismissed on 03.04.1989, with a direction that the applicants can file an application for grant of sites. Aggrieved by the dismissal of the writ petition, an appeal came to be filed in W.A.No.727/1989, which also came to be dismissed. Ultimately, the matter was carried to the Hon’ble Apex Court in SLP No.164/2002 (C.A.No.971/2003), reported in 2005 (12) SCC 508 and the Hon’ble Apex Court remanded the matter to the Division Bench to rehear the matter afresh in accordance with law by its order dated 31.01.2001.

5. After remand, the writ appeal was reheard by a Division Bench of this court and the appeal came to be allowed on 10.07.2001, directing the respondent-Bangalore Development Authority (hereinafter referred to as ‘B.D.A.’ for short) to issue possession certificate to the appellant.

6. Aggrieved by the directions issued by the Division Bench of this court, again, the matter was carried to the Hon’ble Supreme Court in Civil Appeal No 971 of 2003, The appeal filed by the BDA before the Hon’ble Supreme Court was allowed. Consequently, the writ petition filed by the appellants herein came to be dismissed. Aggrieved by the allowing of Civil Appeal No 971 of 2003, filed by the BDA, the deceased appellant filed a review petition before the Hon’ble Supreme Court, which also came to be dismissed. When the matter was pending before the Hon’ble Supreme Court, certain amendments were brought in to the Bangalore Development Authority Act, 1976, by Karnataka Act No 17 of 1994, and certain provisions were inserted, providing for reconveyance of block allotment, allotment in certain cases etc. Section 9 of the Amended Act provides for safeguarding of certain resolutions made by the BDA and its predecessor between 20.12.1973 and 8.5.1986, and relying on the aforesaid provisions of the amended Act and based on the resolutions dated 26.6.1969 and 19.4.1972, the appellants filed writ petition in W.P.No.26826/2005, challenging the constitutional validity of Sec




























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