TARABAI Vs. GOVT. OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed to challenge a common judgment and order dated 30.9.2005 passed by a learned Single Judge of Karnataka High Court in Regular Second Appeal No.137/2001 and RSA No.215/2001. Both the appeals, which were decided by the learned Single Judge, were concerning the land which was owned by the appellant Tarabai (now deceased) along with her family members. The land consisted of 2 acres 16 guntas in Survey No.16/1A and 1B in Jangamarakoppa Village in District Hubli. The Assistant Commissioner, Dharwad had initiated acquisition proceedings for acquiring the said land by publishing a notification under the Land Acquisition Act, 1894, for the purposes of constructing an administrative building for the benefit of the Small Scale Industries Development Corporation. The Chief Manager, Industrial State Zone-2, Hubli, of this corporation is respondent no.2 in these appeals.

(2.) Initially the acquisition proceedings were challenged by the above referred appellant by filing a Writ Petition bearing No. 366/1969 before the Karnataka High Court, but during the pendency of the petition a compromise was arrived at, whereby, the respondent No.2 agreed to re-convey the land to the extent of 1.16 acres to the appellant. This was on the condition that the respondent No.2 would use the remaining 1 acre land for building the administrative block. The appellant was also required to use the re-conveyed parcel of land for industrial purposes. The compromise was taken on record and the said Writ Petition was disposed of by the High Court by its order dated 11.12.1970.

(3.) The appellant received the compensation for the 1 acre of land, and a deed of reconveyance was executed on 25.8.1971 with respect to the remaining parcel of land. It, however, so transpired that the administrative block was not constructed immediately. On the other hand, the said parcel of land was allotted to one M/s Basanth Tiles (appellant in RSA No.137/2001). On coming to know about this development, the appellant filed Original Suit No.519/1984 on 8.10.1984 in the Court of First Additional Munsiff at Hubli. The appellant contended that the respondent No.2 had acted in contravention of the compromise, and the allotment of land in favour of M/s Basanth Tiles was illegal. The appellant, therefore, sought specific performance of the compromise, and return of the said land of 1 acre. It was, however, pointed out by Deputy Commissioner, Dharwad, respondent No.3 herein (defendant No.3 in the suit) that the allotment in favour of M/s Basanth Tiles was in fact a mistake, and they had taken steps to withdraw the same on 16.8.1984 i.e. well before the filing of the suit.