IMPORTANT POINT
The government cannot de-notify land after possession is taken under the Slum Act without due process and must provide compensation to landowners.

ORDER :

(PER: HON’BLE MR. JUSTICE H.P. SANDESH)

1. Heard the petitioners’ counsel and also the learned AAG appearing for the respondents.

2. The prayer sought in Writ Petition No.101473/2023 is to issue it in the nature of certiorari quashing the notification bearing No.VaE/113/SBM2020 Bengaluru dated 11.04.2022 issued by respondent No.1 insofar as the petitioner is concerned in respect of the land bearing Survey No.37/2 vide Annexure-K and also issue a writ in the nature of mandamus directing the respondents to take further steps pursuant to the notification dated 16.11.2018 bearing No.VaE-134- KoME-2018 passed by respondent No.1 vide Annexure-E and grant such other reliefs as deems fit in the circumstances of the case.

3. The petitioners in writ petition No.104671/2023 prayed this Court to quash the impugned notification bearing No. VaE113 SBM 2020, Bengaluru, date 11.04.2022 vide Annexure-L issued by respondent No.1; to issue writ in the nature of certiorari by quashing the impugned report bearing No.Ashraya/VeVa-03/2021-22, dated 23.03.2022 vide Annexure-H submitted by the respondent No.6 Assistant Commissioner; to issue writ in the nature of certiorari by quashing the impugned report bearing No.RP-2/2020, dated 25.03.2022 vide Annexure-J submitted by the respondent No.5 Deputy Commissioner of Dharwad; so also sought for writ of mandamus to issue appropriate directions to respondents No.1, 3 to 7 to quantify and pay compensation under Section 20 of the Slum Act in respect of 06 acres 18 guntas 15 annas in Sy.No.37/3A of Nekar Nagar, Ayodhya village (V) at the earliest; and alternatively to direct the respondents No.1, 3 to 7 to pay damages and relocate all the slum dwellers from 06 acres 18 guntas 15 annas in Sy.No.37/3A of Nekar Nagar, Ayodhya village (V) to any the Government land and further direct the Respondents to clear all the structures or buildings made by them and hand over vacant possession of the aforesaid land to the petitioners and grant such other relief as deems fit in the circumstances of the case.

4. The factual Matrix of the case in W.P.No.101473/2023 is that, respondent No.2 herein issued a notification under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1956 (‘the Slum Act’, for short) notifying the land belonging to the petitioner bearing R.S.No.37/2B measuring 1 Acre 26 Guntas. The said notification was issued without even hearing the petitioners. Thereafter, respondent No.1 issued allotment letter and possession certificate to about 457 families. The said allotees have put up construction and residing in the said land since last 20 years. The notification is produced as Annexure-A. It is also the case of the petitioner that, they submitted a representation to the respondents seeking compensation for the notified land as per the provisions of Slum Act even in 2015-16, but no action was taken and list of the persons/allottees is produced as Annexure-B. It is also contended that, as against the inaction on the part of the respondents, petitioners preferred the Writ Petition bearing W.P.No.103081/2016 seeking writ of mandamus to consider the representation for payment of compensation. The said writ petition came to be allowed with a direction to consider the representation for payment of compensation as per Annexure-C. Pursuant to the directions of this Court, respondent No.2 issued preliminary notification for acquisition of subject lands. Thereafter, respondents No.2 and 3 issued several recommendations to the respondent No.1 seeking issuance of final notification and payment of compensation on 16.11.2018. Respondent No.2 de-notified the entire acquisition proceedings with a view to evade payment of compensation to the land losers on 11.04.2022 and the same is produced as Annexure-K. It is also the contention that respondent No.2 also recommended not to de-notifying the same and there is no such provision under the Slum Act and if the same is de- notified, the persons who are in po