VASANTH SREEDHAR KULKARNI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether Vasanth Sreedhar Kulkarni, Eshwar Gouda Burma Gouda Patil and Ms. Mehrunnisa Mahazuz Husen Maniyar (Appellants in C.A. Nos. 6662-6670/2002) had the locus to question the allotment of sites to the private Respondents from land bearing survey Nos. 533/1, 534A and 534B of village Kanabargi, Belgaum despite the fact that the writ petitions filed by Vasanth Sreedhar Kulkarni and Eshwar Gouda Burma Gouda Patil had been dismissed by the High Court in 1996 and also the fact that they claim to have sold the acquired land and whether the purchasers were entitled to contest writ petitions filed by the allottees of the acquired land are the questions which arise for consideration in these appeals filed against judgments dated 14.12.1999 and 04.04.2000 of the Division Benches of the Karnataka High Court.

(2.) In 1976, the Legislature of the State of Karnataka enacted the Karnataka Improvement Boards Act, 1976 to provide for constitution of Improvement Trust Boards in some cities with powers and duties for ensuring regulated development of urban areas. The Belgaum City Improvement Trust Board, which was one among several Trust Boards constituted by the State Government framed Scheme Nos. 35, 43 and 43A for formation of residential and commercial layouts in Kanabargi village, Belgaum. For implementation of Scheme No. 43, notification dated 6.11.1987 was issued. However, before further steps could be taken in the matter, the State Legislature enacted the Karnataka Urban Development Authorities Act, 1987 (for short, Rs. the 1987 Act) which envisaged the establishment of Urban Development Authorities for the planned development of major and important urban areas in the State. The Belgaum Urban Development Authority (for short, Rs. the BDA) was constituted under Section 3 of the 1987 Act. After some time, the BDA undertook the task of implementing Scheme Nos. 35, 43 and 43A of Kanabargi covering an area measuring 336 acres 6 guntas by involving revenue survey Nos. 529, 531 to 549, 553P, 556 to 562, 564 to 570, 571P, 572 to 677 at an estimated cost of Rs. 25.35 crores. Notification dated 16.8.1991 was issued under Section 17(1) of the 1987 Act in respect of land comprised in survey Nos. 533/1, 534/A and 534/B owned by Vasanth Sreedhar Kulkarni, Kashibai Patil and Eshwar Gouda Burma Gouda Patil respectively for implementing Scheme No. 43. By an order dated 9.6.1994, the State Government accorded sanction under Section 18(3) of the 1987 Act for formation of 4065 sites from the aforesaid survey numbers. The relevant portions of the English translation of that order, which has been made available by Learned Counsel for the State of Karnataka are extracted below:

(3.) Thereafter the State Government issued Notification under Section 19(1), which was published in Karnataka State Gazette dated 1.9.1994 in respect of survey No. 533/1 measuring 5 acres 7 guntas belonging to Vasanth Sreedhar Kulkarni and survey Nos. 534/A and 534/B measuring 3 acres and 22 guntas belonging to Smt. Kashibai Patil and Eshwar Gouda Burma Gouda Patil. The Special Land Acquisition Officer, BDA, who was appointed by the State Government to exercise the powers of the Deputy Commissioner under Section 3(c) of the Land Acquisition Act, 1894 (for short, Rs. the 1894 Act) issued public notice dated 16.9.1994 and informed the landowners and persons having interest in the land that various survey numbers including survey Nos. 533/1, 534A and 534B have been included in Scheme Nos. 35, 43 and 43A.