C S GURUSHANTHAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Writ Appeal under Section 4 of the Karnataka High Court Act, 1961 arises from the judgment and order dated March 30th, 1992, delivered by Hon'ble Mr. Justice M. Rama Jois; in Chairman, Bangalore development Authority and another v Shivanna and others , whereby the learned single judge disposed of the Writ Petition with the following observations:

(2.) THE facts of the case in the nutshell may be stated as hereunder: The Appellant-petitioner filed Writ Petition No. 21124 of 1991 with the prayer for the reliefs, As mentioned in the Writ Petition and specifically for quashing/declaring illegal, Null and Void and Non Est - By Writ of Certiorari or by the direction in the nature of certiorari, The Order Dated 8-9-1988, passed by the deputy commissioner, Bangalore district, in No. Aqb. Dis. Amn. Gr (W) 22/88-89 and order dated 16-5-1991- Annexure-F to the Writ Petition, passed by the first Respondent the State of Karnataka in No. Hud/278/ce/188, Bangalore Dated 16-5-1991, granting permission to convert the Agricultural land for Non-Agricultural Purposes and by latter order Granting Exemption under Urban Land (Ceiling and Regulation) Act, 1976 as well as to hold that sale Dated 17-6-1991, In no way affects the petitioner of his rights. It was further claimed that this court may declare order Annexure-A to be not binding on the petitioner and the rights to the schedule property are in no way affected by Annexure-A, that is order Dated 27th july, 1984 gassed by the single judge of this court in writ petition No. 29726 of 1981 connected with Writ Petition No. 29355 of 1981. The Petitioner Prayed for Issuance of Direction to Bda and Subordinate Authorities to protect the Title and Possession of the Petitioner to the schedule land, and not to Grant any permission to any person or group of persons for making any constructions or alterations. As per Appellant-petitioner's case mentioned in the Writ Petition was that the petitioner was allotted the Schedule site in the year 1976-77, with the Approval of the Government. The Land Comprising of 528. 30 Acres of land was Acquired by the scheme formed by the bda, Relating to Gokul II Stage, Rajamahal Vilas II Stage Layout. The land acquired consisted of different survey numbers in many villages or as many as 8 villages including Sy. No. 1/1 measuring 7 acres or more of Chikkamaranahalli Village. That out of this Sy. No. 1/1, Various Sites Including Site Nos. 531 to 548, According to petitioner's case, have been carved out. Petitioner's case, That after various stages, namely of preliminary notification dated 3-1-1977, orders were passed and possession was taken by bda and compensation was paid to interested persons. Petitioner's further case is that one Shivanna, present Respondent 3, feeling aggrieved with the award of compensation filed writ petition No. 18135 of 1981 and this Hon'ble court by judgment and order dated 19-6-1981 disposed of the Writ Petition Directing the said land Acquisition officer, bda to award just Compensation.

(3.) PETITIONER's case is that, thereafter the Respondent 3 Filed Writ Petition No. 29726 of 1981 and Present Respondent 4 Smt. Sunandamma filed Writ Petition No. 29355 of 1981, Challenging the Acquisition of Sy. Nos. 28 and 34/1 of different Village with which the present petition giving rise to this Appeal is not concerned. No doubt in Writ Petition No. 29276 of 1981, Respondent 3, Challenged the acquisition of 21 guntas of Sy. No. 1/1 of Village Chikkamaranahalli and alleged that the said land has been excluded. That by order dated 27-7-1984-Annexure-A to the Writ Petition, the learned single judge Hon'ble Mr. Justice P. P. Bopanna was pleased to allow the Writ Petition No. 29355 of 1981 and to quash all the notifications preliminary and final taking the view that the entire acquisition proceedings were wholly without jurisdiction, since bda had not complied with the mandatory requirements of Section 17 (5) of bda act read with sections 5 and 9 of the Land Acquisition Act. It may be mentioned here that when the decision was given in the above Writ Petition No. 29355 of 1981, according to the petitioner's case bda did not file any objections, though it had put in appearance. According to Petitioner's case, land bearing Sy. No. 1/1 of Chikkamaranahalli was acquired under preliminary notification Dated 3-1-1977 and final notification dated 2-8-1978.