H HANUMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ appeals are filed by the Petitioners in W.P. Nos. 27565 to 27570 of 2009 being aggrieved by the order of the learned Single Judge dated 11-2-2010 wherein the learned Single Judge has dismissed the Writ Petition Nos. 27565 to 27570 of 2009 and connected petitions by a common order as devoid of merit.

(2.) The Appellants herein filed W.P. Nos. 27565 to 27570 of 2009 averring that the Petitioners 1 and 2 were the owners of land bearing Sy. Nos. 69, 70 and 71/1 of Hosakerehalli Village, Bangalore South Taluk comprising of Sy. Nos. 69/P1 measuring 32.04 guntas, 69/P1 measuring 10 guntas, 69/P1 measuring 1 acre, 71/1 measuring 1 acre 06 guntas, 71/1 measuring 1 acre 06 guntas, 70 measuring 10 guntas, 71/1 measuring 1 acre 05 guntas, 69/P1 measuring 1 acre, 69/P1 measuring 30 guntas, 70 and 71/1 measuring 27 guntas and 70 and 71/1 measuring 28 guntas (hereinafter called 'Schedule lands'). The said lands were sold in favour of Petitioners 3 to 6 under sale deeds dated 27-3-2006, 5-10-2005, 20-12-2006 and 15-12-2006 and the Petitioners are in possession and enjoyment of the above said lands and after sale, the purchasers-Petitioners 3 to 6 are in possession of the said lands under respective sale deeds executed in their favour. It is the contention of the Petitioners that the schedule lands were proposed to be acquired under preliminary notification dated 29-1-2003 issued under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (hereinafter called the Act') and the same was followed by final notification dated 5-7-2003 under Section 28(4) of the Act. It is the further case of the Petitioners that there were acquisition proceedings in respect of the said lands. However, in view of the complaints received regarding excess land acquired, which is in excess of land to be handed over to 6th and 7th Respondents in the writ petition, a high level committee was formed and the high level committee went into the aspects as to whether the acquired land is necessary for the BMIC project and as to whether excess land has been acquired and what is the extent of land to be handed over to BMIC for executing the project as per FWA and the Government accepted the final report of the said Committee by order dated 6-4-2005 as per Annexure-H and held that schedule lands were not required for implementing the project and accordingly, prepared the list showing the extent of land acquired for executing the project and the schedule lands were not shown in the said report.

(3.) It is the contention of the Petitioners that the application was given by the Petitioners for conversion of schedule lands for non-agricultural purposes and the Deputy Commissioner, by orders dated 9-5-2005 and 4-10-2008 granted permission as per Annexures-B to G in the writ petition for conversion and the Petitioners have paid conversion fee of Rs. 54,450/- per acre and as the Petitioners have invested huge sums of money and their lands have been improved and they are in possession and enjoyment of the schedule lands. It is the contention of the Petitioners that their lands are not included in the final report of the expert committee which have been approved by the State Government by Government Order dated 6-4-2005 and the Government constituted Expert Committee to examine the implementation regarding Corridor project and in view of the fact that by order dated 6-4-2005 the acquisition of schedule lands are deemed to have been dropped and abandoned. KIADB did not take possession of the land from the Petitioners nor passed the award in that behalf and therefore, conversion orders have been issued on the ground that Petitioners are the absolute owners having full marketable title. It is also the contention of the Petitioners that the schedule lands though acquired is not required for the project and it is away from the peripheral road and alignment of the road could not have been changed and therefore the writ Petitioners sought for the following reliefs: