S PUTTA SWAMY Vs. MUNICIPALITY MANDYA

JUDGEMENT

(1.) BY a Resolution at Annexure A dated 29-4-1982 a marginal land was allotted in favour of the petitioner by the respondents Town Municipality, Mandya. When the said resolution was sent to the Divisional Commissioner, Mysore for approval, the Divisional Commissioner ordered to allot half of the said site to one Smt. Rathnamma by an order dated 13-1-1986. The petitioner challenged the same in W. P. No. 2862/87. There were also civil litigation between the petitioner, the said Rathnamma and the respondents which was pending in R. S. A. No. 1207/94. By a common order both in the writ petition and Regular Second Appeal dated 30-5-1997 this Court dismissed the Regular Second Appeal filed by Smt. Rathnamma and quashed the order of the Divisional Commissioner challenged in the writ petition referred to supra. Thereafter, the Standing Committee of the Municipality by the impugned resolution at Annexure D dated 21-7-1998 cancelled the earlier resolution dated 29-4-1982 by which the site was granted in favour of the petitioner and to retain the same for the Municipality. The petitioner is seeking to quash the said resolution and to direct the Municipality to receive the value of the site and to execute the sale deed.

(2.) DETAILED statement of objections is filed on behalf of the respondents justifying the impugned resolution. The short point for consideration is, whether the impugned resolution is legal, valid and justified ?

(3.) UNDISPUTEDLY, the site in question belongs to the Municipality. A Division Bench of this Court in the case reported in 1992 (2) Ker LJ 245 has held that sale or allotment of municipal land shall be made by following the procedure prescribed in Section 72 of the Karnataka Municipalities Act, 1964 and also Rule 39 of the Karnataka Municipalities (Guidance of Officers, Grant of Copies and Miscellaneous Provisions) Rules 1966. Sub-section (2) of Section 72 of the Act categorically states that no sale etc. of immovable property exceeding the value mentioned therein would be valid unless the previous sanction of the Government is obtained. When the resolution dt. 29-4-1982 was passed by the Municipality to allot the site in favour of the petitioner, the amount prescribed in sub-section (2) was five thousand rupees, and value thereof of site which sold in pursuant to the resolution was exceeding five thousand rupees, therefore prior sanction of the Government was required.