IN RE: CITIZEN ACTION GROUP REP. BY ITS AUTHORIZED SIGNATORY MRS. NOMITA CHANDY Vs. R. HANUMAIAH S/O LATE MR. B.M. RAMAIAH

JUDGEMENT

(1.) WRIT petitions by a person who claims to be the owner of an extent of 6 acres 20 guntas of land, which had come to be notified for acquisition under Section 4 of the Land Acquisition Act, 1894 [for short, the Act] way back in the year 1959, for the purpose of forming what is known as Koramangala layout in the east of Cantonment -Hosur road, by the Bangalore city improvement trust board [CITB], who is now seeking for quashing of the notification No NA AAE -141 BEMAASI 2006 dated 13 -11 -2009 [copy at Annexure -AA to the writ petition], issued by the state government and the developments in between being, according to one version, the subject land had been taken possession by the CITB even in the year 1966 or thereafter and formed sites and allotted them in favour of many persons, the state government had come up with a notification issued under Section 48 of the Act withdrawing from such acquisition proceedings which had been initiated in the year 1959 sought to be in the background of unending litigation either at the instance of land owners or the development authority or allottees before this Court as well as the Supreme Court, which, though was to the advantage of the Petitioner, had short -lived due to a subsequent state government notification mentioned above, by which, the state government went back on the withdrawal notification, as though there was no dearth of confusion or complications, a society going by name Citizen Action Group, Jawans Quarters, BDA Park, Double Road, Indiranagar I Stage, Bangalore represented by its authorized signatory Mrs. Nomita Chandy, has come up with the present application [Misc W No 10751 of 2010 Under Articles 226 and 227 r/w Order I Rule 10(2) and Section 151 of the Code of Civil Procedure, 1908, seeking for impleading it as an intervener in the present writ petitions.

(2.) THE applicant claims to be a society registered under the provisions of Karnataka Societies Registration Act, 1960; that it has been formed by eminent citizens of Bangalore with an aim to protect the interests of the residents of the city and one of its primary objects is to preserve green environment, lung space, which has still available in Bangalore city and has been taking active steps for such purpose etc., has sought for impleadment in these petitions, contending, inter alia, that the present litigation has a long history; that in the understanding of the applicant -society, the outcome of the present writ petitions may have a bearing on the availability or otherwise of the extent of 6 acres of land, which is subject mater of withdrawal notification, for a park area and as a lung space for the residents of Koramangala layout; that it is the endeavour of the society to ensure that it is so retained and for such purpose, the society had also filed a public interest litigation writ petition before this Court in WP No 24768 of 2005; that the said writ petition for issue of certain directions to BDA and which can ensure that subject land is retained as a park area or playground etc.; that such writ petition is still pending before a Division Bench of this Court and even while such a petition is pending, if orders are to be passed in the present writ petitions, it could affect the interest of the applicant in getting relief in the pending PIL writ petition and therefore to apprise this Court and to educate this Court of all such developments and to impress upon the court the need for passing orders which can only ensure preservation of the area as a park or playground, the present application is being filed and it merits being allowed.

(3.) SRI v. Anand, learned Counsel for the Petitioner, seeks a short accommodation to file objections etc.