Once land has been notified as forest land under applicable law, subsequent private claims are invalid and cannot alter its status without formal de-notification.

ORDER :

1. The petitioners in WP No.392 of 2021 are before this court seeking the following reliefs:

a. Issue a writ of certiorari or and other writ or direction and quash impugned notices dated 13.11.2020 bearing nos.

1) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-07/06-07,

2) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-08/06-07,

3) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-09/06-07,

4) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-13/06-07,

5) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-14/06-07,

6) A4/U.A.SO/BE.GRA.Vi/DE.VA/F.O.C-14/06-07

Issued by R2 produced as Annexure-A1 to A6 to this writ petition as void, inoperative and bad in law.

b. Grant such other reliefs that this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity.

2. The petitioners in WP No.19674 of 2024 are before this court seeking for the following reliefs:

a. Issue a writ of certiorari or and other writ or direction and quash impugned notice dated 26.06.2024 bearing no. Sa:No.Va.AA.AA/DE/VA/AA.AA.MO/133/2024-25 issued by respondent No.2 in so far as petitioner therein produced as Annexure-A to this writ petition as void, inoperative and bad in law.

b. Grant such other reliefs that this Hon’ble Court may deem fit to grant in the circumstances of the case, in the interest of justice and equity.

Facts in WP No.392 of 2021:

3. The Petitioners No.2 to 5 claim to be bona fide owners of the land bearing survey Nos. 68, 118, (old No.69/3, 69/2, portion of 69/3, 69/4 and 69/5), situated at Chikkasane village, Kasaba Hobli, Devanahalli post.

4. Petitioner No.1 is stated to be a registered partnership firm who has entered into a Joint Development Agreement [‘JDA’] dated 30.07.2007, 17.01.2008 and 02.01.2009 with Petitioners No. 2 to 5, who, as aforesaid, are stated to be the owners of land bearing survey No. 68/1 measuring 11 acres 18 guntas, 69/2 measuring 8 acres 35 guntas, 69/3 measuring 10 acres 11 guntas,69/4 measuring 10 acres 10 guntas and 69/5 measuring 10 acres 10 guntas, totally measuring 51 acres 4 guntas situated at Chikkasane village, Kasaba Hobli, Devanahalli taluk, Bangalore Rural district.

5. Petitioner No.1 had applied for sanction of a residential layout called ‘Century Sports Village’ on 15.09.2010, which came to be approved by the Bangalore International Airport Area Planning Authority [‘BIAPPA’] vide order dated 06.02.2014. The Layout being sanctioned, 40 per cent of the sites were released by an order dated 02.12.2014, in pursuance of which it is claimed that sales have been made to various persons.

6. It is claimed that the lands in the year 1924 were treated as a military camping ground and thereafter the government, considering the said land to be fit for cultivation, granted a portion of the said land for defence personnel in the year 1932.

7. The defence personnel who were granted the subject lands did not make payment of taxes for the years 1934-1935 and 1935-1936, and as such, the lands were auctioned to one Sri.Subbaraya Mudaliar to recover the same. The said Subbaraya Mudaliar, having purchased the said lands in a public auction, a sale certificate came to be issued on 08.03.1937 bearing certificate No. 1040/36-37. He in turn, sold those lands to Sri.A.S.Ashwatnaryaana, Sri.A.S.Umashankar and Sri.A.S.Raghuveer under a sale deed dated 27.03.1952. The said Ashwatnarayana, A.S.Umashankar and A.S.Raghuveer sold an extent of 10 acres of that land in favour of Smt.A.S.Vanajamma, wife of A.S. Ramaswamy, under a registered sale deed dated 19.01.1963. Smt.Vanajamma thereafter sold the aforesaid 10 acres to Sri.I.H.Chettira, I.M.Kariappa, Sri. I.M.Muthanna, and Sri.I.M.Ganapati, vide sale deed dated is 03.11.1965.

8. Subsequently, the land measuring 33 acres 24 guntas in survey No. 69, was also conveyed by Sri.A.S.Ashwatnarayana, Sri.A.S.Umashankar and Sri.A.S.Raghuveer to the aforesaid Sri.I.M.Kariappa, I.M.Muthanna, and I.M.Ganapati under a registered sale deed dated 03.11.1965. The said, Sri.I.M.Kariappa, I.M.Muthanna, and I.M.Ganapati further sold an extent of 10 a