IN THE HIGH COURT OF KARNATAKA
KRISHNA S. DIXIT, J.
Poornaprajana House Building Co-Operative Society Ltd. - Appellant
Versus
State of Karnataka Vidhana Soudha Ambedkar Veedhi - Respondent
Writ Petition No. 51417, 51418, 51419, 51420, 51421, 51422, 51423, 51424, 51425, 51426, 51427, 51428, 51429, 51430, 51431, 51432, 51433 of 2016; Review Petition No. 512 of 2016 , 513 of 2016
Decided On : 01-03-2019
Bangalore Development Authority Act, 1976 - section 27 and 36 - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Section 24 (2) - Land Acquisition - Service - Acquisition of land - Petitioner-House Building Cooperative Society and rest of the petitioners being its members are knocking at the doors of this Court invoking writ jurisdiction, in essence, for reviewing the judgment and order entered by a Co-ordinate Bench of this Court in 4th respondents /w his another whereby, the acquisition in question has been declared to have lapsed under section 27 of the Bangalore Development Authority Act, 1976 - Land Acquisition Officer seeking review of the subject judgment and order inter alia on the ground said respondent being the petitioner has procured the same by suppressing the material facts from Court and tat he having sold the subject lands, did not have locus standi, in the absence of litigable interest – Held, Compensation for the acquisition and not just by way of consideration for the Agreements to Sell this amount has been paid by State Bank of India cheques; he has also suppressed about the formation of approved layout of gigantic extent of 113 Acres inclusive of petition lands by the Society and execution & registration of several Sale Deeds in favour of the allottees, admittedly by his Attorneys and of his brother - Petitioners were not impleaded and so also the other land owners lest their impleadment should lead to revelation of true factuals to the Court. It can be presumed by the circumstances narrated respondent-Sreenivas could have had a role in Review Petitioner-BDA not revealing all facts in its Statement - Respondent-Sreenivas, when he was specifically heard as to the likely imposition of costs, his request for adjournment on ground of unavailability of learned Senior Counsel, having been not – Ordered Accordingly
KRISHNA S. DIXIT, J.
1. The 1st petitioner-House Building Cooperative Society and rest of the petitioners being its members are knocking at the doors of this Court invoking writ jurisdiction, in essence, for reviewing the judgment and order dated 15.07.2016 (hereafter "subject judgment") entered by a Co-ordinate Bench of this Court in 4th respondent's W.P.No.35912/2016 (LA-BDA) c/w his another W.P.No.35913/2016 whereby, the acquisition in question has been declared to have lapsed under section 27 of the Bangalore Development Authority Act, 1976 (hereafter "BDA Act") and section 24 (2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter "2013 Act").
2. R.P.Nos.512/2016 & 513/2016 are filed by the BDA and its Land Acquisition Officer seeking review of the subject judgment and order inter alia on the ground that the said respondent Sri.M. Sreenivas being the petitioner in W.P.Nos.35912 & 35913/2016 has procured the same by suppressing the material facts from the Court and that he having sold the subject lands, did not have locus standi, in the absence of litigable interest.
3. In W.P.Nos.51417-51433/2016 and in Review Petitions, after service of notice, the 1st respondent-State has entered appearance through the learned Addl. Govt. Advocate Sri.B.J. Eswarappa; the 2nd respondent-BDA and the 3rd respondent-LAO of the BDA have entered appearance through their senior Panel Counsel Sri.K. Krishna; the 4th respondent Mr.M. Sreenivas has entered appearance through his Advocate Sri.Lokesh K.M. The respondent-BDA has filed Statement of Objections in the Writ Petitions virtually supporting the case of the petitioners. The 4th respondent has filed his Statement of Objections resisting the Writ Petitions.
4. Brief facts of the case as urged by the petitioners are:
(a) Two lands which are the subject matter of the acquisition in question are: (i) the land admeasuring 0A- 37G in Sy.No.44/2 exclusively belonging to respondent- Sreenivas and (ii) the land admeasuring 4A-09G in Sy.No.97/1A, jointly belonging to the said Sreenivas and his brother Krishnappa M K; both the lands are situate at Uttarahalli hobli and village, Bangalore South Taluk.
(b) During the period between 1983 and 1999, the Petitioner-Society had entered into Agreements to Sell for buying these lands by paying a huge sum of Rs.14,57,000.00, in all, to the land owners by State Bank of India cheques of various dates and that the same have been duly encashed; this was in addition to Rs.500/- initially paid in cash on 23.06.1983; the land owners had also executed Powers of Attorney and had put the Society in the exclusive possession too; the original title deeds comprising the lands have been delivered to the Society; even the entries in the revenue records also came to be mutated in its favour.
(c) After the initial transactions as aforesaid, the Society had formed a Housing Layout; the said sites came to be allotted to the members and accordingly, sale deeds came to be registered by the land owners through their attorneys; khata also came to be transferred by the then Rajarajeshwarinagar City Municipal Council subsequent to the Agreements, these lands were brought into the acquisition vide Preliminary Notification dated 13.04.1989 followed by the Final Notification dated 07.10.1999, issued under the provisions of BDA Act. Petitioner-Society had unsuccessfully challenged the acquisition in Writ Petitions, Writ Appeals and S.L.P.
(d) The award comprising the land in Sy.No.44/2 was passed on 15.12.1999 and mediate possession was taken from the Society on 22.01.2000 and later, Government delivered the possession to the Engineering Section of the BDA on 31.01.2000. The award comprising land in Sy.No.97/1A was passed on 06.02.2008; the mediate possession of this land was taken by the Government from the Society on 17.03.2008 and on the same day, the possession was delivered to the BDA. In respect of both these l
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