N.RAMARAJU Vs. PRINCIPAL SECRETARY,REVENUE DEPARTMENT

JUDGEMENT

(1.) In these intra court appeals under Section 4 of the Karnataka High Court Act, 1961, the appellants / land owners have assailed the validity of the orders dated 04/05.07.2011 and 06.03.2013 passed by the learned Single Judge, by which writ petitions preferred by the appellants seeking quashment of notifications dated 04.01.1985 and 25.09.1986 issued under Section 4(1) and under Section 6(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act' for short) respectively and award dated 31.01.1989 as well as notifications dated 12/15.04.1991 and 4/5.11.1992 issued under Section 16(2) of the Act, have been dismissed. In order to appreciate the appellants' grievance, few facts need mention, which are stated infra.

(2.) The appellants claim to be the owners and in possession of agricultural land situated at Kothihosahalli, Kodigehalli, and Bytarayanapura Villages, Yelahanka Hobli, Bengaluru. The respondent No.4 namely National Tuberculosis Institute (NTI) Housing Co-operative Society Ltd. (hereinafter referred to as 'the Society' for short), submitted a representation to the Government for acquisition of 66 acres and 5 guntas of land situate at Kothihosahalli, Kodigehalli and Byatarayanapura Villages for formation of a residential layout for its members. The Commissioner Revenue conveyed sanction of the government to acquire 171 acres and 37 guntas of land i.e., much in excess of the land in respect of which the acquisition was sought by the Society. It is the case of the appellants that extent of land mentioned in the aforesaid communication was fraudulently changed to 177 acres and 37 guntas. The Commissioner Revenue by a communication dated 15.12.1984 requested the special Deputy Commissioner to issue a Notification under Section 4(1) of the Act in respect of 280 acres of land. Thereafter, a preliminary Notification dated 04.01.1985 was issued under Section 4(1) of the Act proposing to acquire 322 acres of land for the Society, which included the land of the appellants. On 22.08.1986, the name of the Society was changed to National Technological Institution Employees Housing Co-operative Society Limited, after obtaining approval from the competent authority. The norms pertaining to membership of the society were also changed. Thereupon the membership of the society was extended to employees of the bank and employees to State Government and others. Thereafter, a declaration under Section 6(1) of the Act was issued on 22.09.1986 in respect of land measuring 210 acres and 37 guntas.

(3.) The Deputy Commissioner by a communication dated 16.10.1986 requested the Registrar of Co- operative Societies to place the matter pertaining to acquisition of land in question before a three men Committee constituted to scrutinize the land acquisition proceeding. The three men Committee, after conducting an enquiry under Section 64 of the Karnataka Co- operative Societies Act, 1959, submitted a report dated 07.11.1988 (hereinafter referred to as 'the GVK Rao report' for short) and placed the Society under the category of the Societies, which had indulged in serious irregularities. It was found in the enquiry that Society collected site deposits to the tune of Rs.2.71 crores and entered into an agreements with two agents namely M/s. Vellalu Constructions and Sri.Surya Rao and Co. and paid a sum of Rs.3.57 Crores to M/s.Vellalu Constructions. It was further found that the Society had illegally admitted large number of members from one organization. Thus, it was held that the Society had indulged in serious irregularities.