De-notification of lands acquired under the Slum Act without compensation is illegal under constitutional law, highlighting the state's obligation to ensure basic living standards and property rights.

ORDER :

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

“A) Issue Writ in the nature of Certiorari by quashing the impugned de-notification vide ANNEXURE-Q dated: 22-04-2022 brg.No. VaE 135 KoMaE 2018 issued/passed by the Respondent No.1, in the interest of justice and equity.

B) Issue Writ in the nature of Mandamus and issue appropriate directions to the Respondents No.1, 3 to 7 to quantify and pay compensation to the Petitioner under Section 20 of the Slum Act in respect of slum notified lands belonging to Petitioner, ad-measuring 19 guntas/19772.90 sq.feet (totally 22 CTS Numbers) in Sy.No.5 out of totally measuring 2 Acres 26 Guntas of CTS Ward No.II (earlier Yallapur village), Bankapur Chowk- Walvekar Hakkal, Hubballi City at the earliest, in the interest of justice and equity.

C) Alternatively, direct the Respondents No.1, 3 to 7 to pay damages from the year 1976 to be quantified as this Hon'ble Court deems fit and further direct the Respondents No.1, 3 to 7 to relocate all the slum dwellers from the lands belonging to Petitioner ad-measuring 19 guntas/19772.90 sq.feet (totally 22 CTS Numbers) in Sy.No.5 out of totally measuring 2 Acres 26 Guntas of CTS Ward No.II (earlier Yallapur village), Bankapur Chowk-Walvekar Hakkal, Hubballi City- to any other Government land and Respondents may be directed to de-notify the declaration of Slum and clear all the structures or buildings made in the lands in question and hand over vacant possession of the aforesaid land to the Petitioner forthwith, in the interest of justice and equity.

D) Issue such other suitable order/s or directions as this Hon'ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.”

2. Heard Shri Vijayendra Bhimakkanavar, learned counsel appearing for the petitioner; Shri Keshav Reddy learned AAG along with Shri T.Hanumareddy, learned AGA appearing for respondent Nos.1 to 3 and 5; Shri Raviraj C.Patil, learned counsel appearing for respondent No.4; & Shri Ravi C.Patil, learned counsel appearing for respondent No.6.

3. Facts in brief germane are as follows:

In terms of a Gazette Notification dated 10.05.1976 issued under Section 3 of the Karnataka Slum Areas (Improvement and Clearance) Act, 1973 (‘Act’ for short), the lands in question were declared to be a slum without issuing an acquisition notification under Section 17 of the Act or paying compensation to the petitioner. The lands in question were a subject matter of dispute between the family members of the Petitioner due to which no one from the petitioners family were able to exercise their rights over the subject lands. The petitioner attains possession of the subject lands only in the year 2009. In the interregnum, many slum dwellers start to settle in the subject lands in makeshift housing and shanties. The respondents proceed to facilitate the slum dwellers in the subject lands without only basic amenities like pucca houses, roads, drainages, etc. merely by virtue of a declaration of the land to be a slum. Since no proceedings under Section 17 of the Act were initiated nor compensation was paid for over 30 years, the petitioners issue various representations to the respondent authorities for payment of compensation but those lead to no avail. The petitioners then institute legal proceedings before this Court. The Co-ordinate Bench of this court through a series of orders passed in WP No. 109961 of 2015, directs the respondents to initiate proceedings for completion of the acquisition process of the subject lands. In compliance with the orders, the respondent authorities initiated acquisition proceedings, issued a preliminary notification dated 16-11-2018 under Section 17 of the Act