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2018 Supreme(Kar) 190
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.V. NAGARATHNA, J.
Shri. N. Shankarappa S/o Late Sri. Thammaiah & Ors. – Petitioners
Vs.
State of Karnataka & Ors. – Respondents
Writ Petition Nos.16812-16816 of 2016 (La-Bda)
Decided On : 12-01-2018
For the Petitioners: Sri. Sangamesh R.B., Adv.
For the Respondents: Sri. Vijayakumar A. Patil, AGA
Headnote:RIGHT TO FAIR COMPENSATION & TRANSPARENCY IN LAND ACQUISITION, REHABILITATION & RESETTLEMENT ACT, 2013 [C.A. NO. 30/2013] - Section 24(2) - Applicability - Provisions under, do not apply to acquisitions initiated either under the Bangalore Development Authority Act, 1976 or in respect of acquisitions under the City Improvement Trust Board Act, 1968.
CITY OF BANGALORE IMPROVEMENT ACT, 1945 [K.A. No. 5/1945] - Sections 16 & 18(1) - Plea that certain extent of land was either excluded from acquisition or deleted or de-notified - Delay and laches - Held, petitioners attempted to seek similar relief in earlier writ petition-But did not pursue that remedy - Thereafter, when Suit was filed against allottees of respondent 3-Society, neither the State nor the BDA was arrayed as defendant in suit - In fact, findings given Trial Court in said suit are wholly against petitioners herein - Petitioners have also approached High court after several decades seeking various declaratory, other reliefs - Therefore, it cannot be entertained - Further, petitioners cannot seek reliefs on the principle of Order 2, Rule 2 and Section 11 of the CPC., as they had earlier approached the High Court in W.P. which they ultimately withdrew.
Petitioners claim to be owners of land measuring 4 acres 20 guntas in Sy.No.17/12 of Kathriguppe Village, Uttarahalli Hobli, Bangalore South Taluk, have sought the following relief’s:
1. “Declare that the permission granted by the government dated 11.10.1979 (Annexure-D) has the effect of annulling the preliminary notification dated 9.5.68 bearing No. ADM/A.10(S) 3/64 (Annexure-B), and the final notification dated 28.10.71 bearing No.HMA.106 MNJ71 (Annexure-C), in so far as the entire extent of the land measuring 32.36 Guntas as included in the order dated 11.10.79 (Annexure-D),
2. Declare that the land measuring to an extent of 20 Guntas in Sy.No.17/12 of Katriguppe Village, Uttarahalli Hobli, Bangalore South Taluk, Bangalore (more fully described in the schedule below) has not been acquired under the preliminary notification dated 9.7.68 (Annexure-B) and the final notification dated 28.10.1971 bearing No.HMC.106 MNJ71 (Annexure-C).
3. Declare that the 3rd Respondent society has no rights of whatsoever nature in view of the "JOINT MEMO" filed by the 3rd Respondent society in W.P.No.14896/1989.
In the alternative:
4. declare that the entire notifications, preliminary notification dated 9.7.68 bearing No.ADM/a.10(s).3/64 (Annexure-B) and the final notification dated 28.10.1971 bearing No.HMA.106 MNJ71 (Annexure-C) have lapsed in view of Section 24 of the New Land Acquisition and Rehabilitation Act.
In the alternative:
5. Declare that the Preliminary notification dated 9.7.68 bearing No.ADM/A.10(S).3/64 (Annexure-B) and the final notification dated 28.10.1971 bearing No.HMA.106 MNJ71 (Annexure-C) have lapsed in view of the fact that respondent authorities have abandoned the schedule land measuring 20 Guntas belonging to the petitioners.”
2. Learned Counsel for Petitioners has explained in detail, transactions and events concerning aforesaid lands; that City Improvement Trust Board, Bangalore [‘CITB’, for brevity], issued Preliminary Notification dated 9.7.1968 under Section 16 of the City of Bangalore Improvement Act, 1945 [hereinafter referred to as ‘Act’, for short]. The same was followed by declaration and final Notification issued on 28.10.1971 under Section 18[1] of the said Act. It appears that Petitioners had entered into an Agreement on 14.10.1973 to sell the land in question to Respondent No.3Housing Cooperative Society. Thereafter, Petitioners sought permission from the State Government under the provisions of Urban Land [Ceiling & Regulations] Act, 1976 [‘ULC Act’, for short] for alienation of the said land. The State Government by Order dated 11.10.1979 permitted alienation of the said land to an extent of 4 acres 20 guntas. It is submitted by learned Counsel for Petitioners that on 6.8.1981, Petitioners alienated four acres of land to Respondent No.3Society under four registered sale deeds being for one acre each; that in respect of 20 guntas there has been no alienation at all. According to learned Counsel for Petitioners, said extent of 20 guntas remained with Petitioners.
3. When the matter stood thus, the State Government by Order dated 26.8.1988 allotted what is known as bulk allotment of lands to Respondent No.3Society for formation of housing colonies. The same was challenged by several land owners including Petitioners; that the Bangalore Development Authority [‘BDA’, for short] sold 10 acres 29¼ gunta and 9 acres 10¾ gunta by registered sale deed dated 24.10.1998 to Respondent No.3Society; that the extent of 20 guntas referred to above did not form part of the bulk allotment made to Respondent No.3Society. But, the Respondent No.3Society stealthily included this extent of 20 guntas in its layout plan and got the same sanctioned. On coming to know the said fact, Petitioners herein preferred Writ Petition No.14896/1989 before this Court. By joint memo dated 10.08.1992, controversy with Respondent No.3Society was settled. Thereafter, by order dated 20.2.1995, Writ Petition was dismissed on the premise that conte
