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2022 Supreme(Online)(Kar) 60148
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JULY 2022
PRESENT
THE HON’BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON’BLE MS.JUSTICE J.M. KHAZI
W.A. NO.6845 OF 2017 (KLR-RES)
C/W
W.A. NO.6438 OF 2017 (KLR-RES)
IN W.A. NO.6845 OF 2017
BETWEEN:
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU-01.
2. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU-01.
3. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU-01.
4. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
M.S. BUILDING, BENGALURU-01.
... APPELLANTS
(BY MRS. VANI H, AGA.,)
2
AND:
1.
PRESTIGE ESTATES PROJECTS LIMITED
(FORMERLY PRESTIGE ESTATES
PROJECTS PRIVATE LIMITED)
THE FALCON HOUSE
NO.1, MAIN GUARD CROSS ROAD
BENGALURU-560 001
REP. BY ITS MANAGING DIRECTOR.
2.
MR. IRFAN RAZACK
S/O LATE S. RAZACK
AGED ABOUT 62 YEARS
AT THE FALCON HOUSE
NO.1, MAIN GUARD CROSS ROAD
BENGALURU-560 001.
3.
M/S. JOY ICE-CREAMS PVT. LTD.,
HAVING ITS OFFICE AT
WHITEFIELD MAIN ROAD
BENGALURU-560 066
REPRESENTED BY ITS DIRECTOR.
4.
THE CEO AND EXECUTIVE MEMBER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
BASAVABHAVAN BUILDING
NRUPATHUNGA ROAD
BENGALURU-560 001.
5.
THE SAMAJA PARIVARTHANA SAMUDAYA
'ASHADEEP', JAYANAGAR CROSS
SAPTAPUR, DHARWAD-580 001
REPRESENTED BY ITS SECRETARY.
... RESPONDENTS
(BY MR. UDAYA HOLLA, SR. COUNSEL FOR
MR. VIVEK HOLLA, ADV., FOR R1 & R2
MR. K.G. RAGHAVAN, SR. COUNSEL FOR
MS. VARSHA MANOJ, ADV., FOR R3
3
MR. GURMATH G.R. SR. COUNSEL FOR
MR. I. GOPAL KRISHNA, ADV., FOR R4
MR. S. BASAVARAJ, SR. COUNSEL FOR
MR. ROHIT RAJKUMAR KUKREJA, ADV., FOR R5)
- - -
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
WRIT APPEAL. SET ASIDE THE ORDER DATED 06/10/2017
PASSED BY THE LEARNED SINGLE JUDGE OF THIS
HON'BLE COURT IN WRIT PETITION NOS.35011-12/2015.
IN W.A. NO.6438 OF 2017
BETWEEN:
SAMAJA PARIVARTHANA SAMUDAYA
"ASHADEEP", JAYANAGAR CROSS
SAPTAPUR, DHARWAD-580 001
DHARWAD
NOW BY ITS REPRESENTATIVE
BY ITS FOUNDER PRESIDENT
MR. S.R. HIREMATH.
... APPELLANT
(BY MR. S. BASAVARAJ, SR. COUNSEL FOR
MR. ROHIT RAJKUMAR KUKREJA, ADV.,)
AND:
1.
PRESTIGE ESTATES PROJECTS LIMITED
(FORMERLY PRESTIGE ESTATES
PROJECTS PRIVATE LIMITED)
THE FALCON HOUSE
NO.1, MAIN GUARD, CROSS ROAD
BANGALORE-560 001
REPRESENTED BY ITS
MANAGING DIRECTOR
MR. IRFAN RAZACK
BENGALURU CITY.
2.
MR. IRFAN RAZACK
S/O LATE S. RAZACK
4
AGED ABOUT 63 YEARS
FALCON HOUSE
NO.1 MAIN GUARD CROSS ROAD
BANGALORE-560 001
BENGALURU CITY.
3.
M/S. JOY ICE CREAMS ICE
CREAMS PVT LIMITED
BY ITS DIRECTOR
HAVING ITS OFFICE AT
WHITEFIELD MAIN ROAD
BENGALURU-560 066
BENGALURU CITY.
4.
STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560 001
BENGALURU CITY.
5.
SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE-560 001
BENGALURU CITY.
6.
DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE-560 001
BENGALURU CITY.
7.
PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
M.S. BUILDING, BANGALORE-560 001
BANGALORE CITY.
8.
THE CEO AND EXECUTIVE MEMBER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD
RASHROTHANA BUILDING
NRUPATHUNGA ROAD
5
BENGALURU-560 001
BENGALURU CITY.
... RESPONDENTS
(BY MR. UDAYA HOLLA, SR. COUNSEL FOR
MR. VIVEK HOLLA, ADV., FOR R1 & R2
MR. K.G. RAGHAVAN, SR. COUNSEL FOR
MS. VARSHA MANOJ, ADV., FOR R3
MRS. VANI H, AGA FOR R4-R7
MR. GURUMATH G.R. SR. COUNSEL FOR
MR. I. GOPAL KRISHNA, ADV., FOR R8
- - -
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
OF
THE
LEARNED
SINGLE
JUDGE
DATED
06/10/2017 PASSED IN WRIT PETITION 35011-12/2015 AND
WRIT PETITION 2439/2017 BY DISMISSING THE SAID WRIT
PETITIONS WITH COSTS THROUGHOUT.
THESE WRIT APPEALS HAVING BEEN HEARD AND
RESERVED FOR JUDGMENT ON 21.07.2022, COMING ON
FOR
PRONOUNCEMENT
OF
JUDGMENT
THIS
DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:
COMMON JUDGMENT
These intra court appeals arise out of an order
dated 06.10.2017 passed by the learned Single Judge
in a writ petition. W.A.No.6845/2017 has been filed
by the State Government (hereinafter referred to as
'the GOK' for short) whereas W.A.No.6438/2017 has
been
filed
by
Samaj
Parivardhana
Samadaya
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(hereinafter referred to as 'the Association' for short).
Both these appeals were therefore heard analogously
and are being decided by this common judgment.
2.
Facts leading to filing of these appeals in
nutshell are that M/s Joy Ice creams (Bangalore) Pvt.
Ltd., (hereinafter referred to as 'the Joy Ice Creams'
for short) is the owner of land bearing Sy.No.160 and
Sy.No.157(P) of Pattandooru, Agrahara Village, where
it had established a factory for manufacture of ice
creams. In the middle of the aforesaid land held by
the Joy Ice Creams, land measuring 3 acres and 23
guntas in Sy.No.42 of Pattandooru, Agrahara Village
(hereinafter referred to as 'the schedule land’ for short)
is situate. GOK issued a notification dated 16.09.1981
under Section 3 of Karnataka Industrial Areas
Development Act, 1966 (hereinafter referred to as 'the
1966 Act' for short) declaring the schedule land as an
industrial area for the purposes of the 1966 Act.
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Thereafter, GOK leased out the schedule land on
20.10.1989 to Joy Ice Creams and executed a lease
deed in its favour.
3.
Joy Ice Creams requested the Karnataka
Industrial Areas Development Board (hereinafter
referred to as 'the KIADB' for short) to allot the
aforesaid land. Thereupon the KIADB approached the
Government with a request to transfer the schedule
land in favour of Joy Ice Creams. The GOK by an
order
dated
20.10.2005
directed
the
Deputy
Commissioner to transfer the schedule land in favour
of KIADB. Joy Ice Creams was directed by KIADB, to
pay an amount of Rs.5,30,49,079/- on 22.11.2005.
The aforesaid amount was remitted by Joy Ice Creams
on 14.12.2005. The Special deputy Commissioner by
a memorandum dated 31.03.2006 transferred the
schedule land in favour of KIADB and imposed a
condition of non alienation of the same.
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4.
The KIADB thereafter executed a registered
sale deed on 21.07.2006 in favour of Joy Ice Creams.
The schedule land was conveyed by Joy Ice Creams
vide sale deed dated 30.08.2006 in favour of Prestige
Estates Projects Private Limited (hereinafter referred
to as 'the Prestige Estates' for short).
5.
Between the period from 27.02.2007 to
20.04.2009, the Prestige Estates obtained NOC from
BSNL, Fire Force Department, BESCOM, BWSSB,
Karnataka State Pollution Control Board, State Level
Environment Impact Assessment Authority, Airport
Authority of India and KIADB for construction of
residential buildings on the schedule land. On
20.01.2010, the BDA issued a Work Order for
construction
of
residential
apartments
and
on
03.03.2010, building licence was issued by Bruhat
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Bangalore Mahanagara Palike (BBMP) for construction
of apartments on the schedule property.
6.
The Special Deputy Commissioner by a
communication dated 19.05.2011 informed the GOK
that its office had imposed the condition with regard
to non alienation of the schedule land. However, in
view of Rule 28(2) of the Karnataka Land Grant Rules,
1969 (hereinafter referred to as 'the Rules' for short),
the aforesaid condition is not applicable. The GOK in
its reply dated 29.07.2011 sent to the Special Deputy
Commissioner informed him that since condition with
regard to non alienation of schedule land does not
apply, therefore, the same be withdrawn / cancelled.
The Special Deputy Commissioner by communication
dated 02.08.2011 issued a corrigendum to official
memora
