The planning authority cannot claim ownership or deny ownership to the petitioner based on the earmarking of land for road expansion without acquiring the same under the relevant land acquisition laws.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

i) Issue a writ of mandamus directing the 1st Respondent to consider the representation of the petitioner produced at Annexure-C

ii) Issue a writ in the nature of Certiorari by quashing the notice dated 7/10/2020 bearing No. Na.Sa.Cha/C-2/P R/443/2020-21 and dated 28.09.2020 Na.Sa.Cha/C-2/P R/443/2020-21 issued by respondent No.3 at Annexure-A and B.

iii) Grant such other relief or reliefs as this Hon’ble Court deems fit to grant in the circumstances of the case and award cost of the proceedings, to meet the ends of justice.

2. The petitioner claims to be the absolute owner in possession of property bearing Sy.No.440 measuring 2 Acres 15 guntas situated at Chamrajanagara kasaba village, Chamrajanagara District. The petitioner, wanting to set up a resort on the said land, had obtained conversion of the land from agricultural to non-agricultural purposes on 26.11.2007 as also a plan for construction of a building in the said land. The project being a resort, the petitioner had approached Department of Tourism for necessary approval, which came to be granted on 22.11.2010.

3. In the year 2017, respondent No.3 informed the petitioner that one and a half meters of land would be required for widening the road situated in front of the property abutting Karinanjapura Road. In pursuance of this, discussions were held between petitioner and respondent No.3 for fixing the compensation liable to be paid for the said land. However, without fixing the compensation respondent No.3 issued Annexure-B notice dated 28.09.2020 indicating that the land which has been earmarked for widening of the Karinanjapura Road measuring 306 Sq.mts. would have to be deducted from the Khata which has been issued to the petitioner to the extent of 9611 Sq.mts., following up with a second notice at Annexure A dated 07.10.2020 calling upon the petitioner to come forward and relinquish that extent of 306 Sq.mts. and Khata could be issued for the balance of 9305 Sq.mts. only. The petitioner being aggrieved by the same is before this Court seeking for the aforesaid reliefs.

4. Miss.Lathashree.D.L., learned counsel for the petitioner submits that

4.1 The land might have been earmarked for widening of the existing road in the CDP, procedure under Section 69 of Karnataka Town and Country Planning Act 1961 has not been resorted to and without acquiring the same in terms of sub-section (1) of Section 69 under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, there cannot be a demand made by respondent No.3 for relinquishment of the area earmarked for widening of the road free of cost.

4.2 The petitioner continues to be the owner of the said land, as such the Khata which has been issued to the entire extent of land measuring 9611 Sq.mts. being proper and correct, cannot now be reduced on the basis of proposed widening of the road, which infact has not occurred till date.

4.3 Thus, on these grounds she submits that the prayer sought for is required to be granted.

5. Sri.A.Nagarajappa, learned counsel for respondent No.3 submits that

5.1 Though initially there was a negotiation held between the petitioner and respondent No.3 for arriving at the compensation payable, respondent No.3 subsequently came to know about the plan sanction which has been issued, which clearly denoted 306 Sq.mts. for road expansion.

5.2 The planning authority not having granted a plan sanction in respect of 306 Sq.mts. the petitioner cannot claim a Khata in respect of 9611 Sq.mts. and ought to have restricted it to 9305 Sq.mts and it is in that background that the notice dated 28.09.2020 at Annexure-B and 07.10.2020 at Annexure -A have been issued.

5.3 His submission is that the plan sanction having been granted only in respect of 9305 Sq.mts., the petitioner would be entitled for a Khata only to the extent of 9305 Sq.mts. As the petitioner not having the plan sanctioned in respect of 306 Sq.mts., no Khat