2021 Supreme(Online)(SC) 522
SUPREME COURT
Uday Umesh Lalit, Indira Banerjee, JJ
Sons of M. Krishna Reddy – Appellant
Versus
Bangalore Development Authority – Respondent
Writ Petition No.26920 of 2005 | Review Petition Nos.147/2012 and 1361/2012
For the Appellants: Prof. Ravivarma Kumar
For the Respondents: Mr. S. K. Kulkarni
Parties invoking extraordinary jurisdiction must disclose all facts truthfully; suppression results in dismissal of petitions.
Headnote:(A) The Land Acquisition Act, 1894 - Sections 18 and 9 - Extraordinary jurisdiction under Article 226 of the Constitution of India - Equitable relief - The Court must ensure that petitioners disclose all relevant facts and come with clean hands. Suppression of facts warrants dismissal of petitions. (Paras 12, 16, 17)
(B) Writ Jurisdiction - An applicant must avoid concealing material facts which can lead to dismissal without merits being considered. Misleading the Court amounts to abuse of its process. (Paras 12, 13)
Facts of the case:
The appellants filed for cancellation of allotments made by the BDA, claiming ownership of land not acquired. The BDA asserted legal acquisition in line with due process. (Para 4, 5)
Findings of Court:
Petitioners failed to disclose prior legal proceedings and did not approach the Court with clean hands- suspension of proceedings warranted. (Paras 11, 19)
Issues: Clarification of ownership and acquisition of land. Suppression of prior facts in litigation by appellants raised questions of eligibility for relief. (Paras 16, 18)
Ratio Decidendi: The Court emphasized that prior judgments regarding the land stand and must be respected. Suppression of facts invalidates petitions for relief. (Paras 16, 19)
Result: Appeals dismissed.
| Table of Content |
|---|
| 1. background of land acquisition and ownership claims. (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding ownership and jurisdiction. (Para 6 , 7 , 8 , 10) |
| 3. court's observations on suppression of facts in litigation. (Para 11 , 12 , 15 , 16 , 17) |
| 4. final judgment and reasoning by the court. (Para 18 , 19 , 20 , 21) |
1. Leave granted.
2. These appeals arise out of the judgment and order dated 11/01/2013 passed by the Division Bench of the High Court of Karnataka in Review Petition Nos.147/2012 and 1361/2012 which were filed by the appellants before the High Court pursuant to the liberty granted by this Court vide Order dated 27/02/2012 while allowing the appellants to withdraw their Special Leave Petition (C) Nos.6125-6126 of 2012. However, the High Court declined to review its earlier order dated 06/07/2011 passed in the Writ Appeal Nos.2592-93 of 2009.
3. Brief facts necessary for the disposal of these appeals are as under:
4. The appellants herein are the sons of one M. Krishna Reddy. They filed Writ Petition No.26920 of 2005 before the High Court of Karnataka at Bangalore for cancellation of allotment of Site Nos.1337 and 1336 allotted in favour of respondent nos.5 and 6 respectively in the layout known as Binnamangala 2nd Stage and for certain other reliefs. According to the appellants their father M. Krishna Reddy was the owner and in possession of land bearing Survey No.13, measuring 1 acre 26 guntas of Binnamangala Village, Kasaba Hobli, North Taluk, Bangalore District, having acquired the same by virtue of an order passed by the Deputy Commissioner for Abolition of Inams in proceedings bearing C.No.11/59 - 60 under S.5 of the Mysore (Personal & Miscellaneous) Inam Abolition Act, 1954. It was further contented that the entries in the Index of Lands and Record of Rights were registered in the name of M. Krishna Reddy and he was paying land revenue to the State Government. The said land was notified for acquisition by the Bangalore Development Authority (for short 'BDA') for the formation of layout between Old Madras Road and Banaswadi Road (Binnamangala Layout). A preliminary Notification came to be published in Mysore Gazette dated 21/07/1960 followed by a final Notification published in the said Gazette on 23/02/1967.
5. It was further contended that M. Krishna Reddy filed an application for enhancement of compensation pursuant to which Additional Land Acquisition Officer (Addl. LAO) referred the matter to the Civil Court under S.18 of The Land Acquisition Act, 1894 . The Civil Court, after conducting an inquiry, accepted the Reference in part and increased the award amount payable in respect of 1 acre 18 guntas in Survey Nos.13/2 & 13/4. M. Krishna Reddy was in possession of 1 acre 26 guntas of land in these two survey numbers. 8 guntas of land was left out from the acquisition. In the suit for partition filed by the third appellant, a portion of Survey No.13/2 measuring 8 guntas of land which was left out from acquisition, was divided amongst appellants by forming four sites and final decree for partition came to be passed on 30/07/1982. It was further contended that they were not aware of the formation of the sites in this 8 guntas of the land by the BDA and the allotment of said sites in favour of respondent Nos.5 & 6. Therefore, they filed the aforesaid writ petitions for cancellation of allotment of the said sites.
6. BDA filed statement of objections contending that Survey No.13 measuring 5 acres 9 guntas and certain other lands were acquired by the BDA in the year 1971 and thereafter sites were formed and allotted to the general public. Admittedly, the appellants received the award amount on 30/11/1971. After lapse of 34 years from the completion of acquisition proceedings and receiving of award amount, the appellants have filed writ petitions before the High Court on false and frivolous grounds. It was further contended that Sy. No.13 of Binnamangala Village measuring 5 acres 9 gu