B.R. VISWANATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners claim to be in joint possession of lands in Survey Nos.498 measuring 4 acres 14 guntas, 509 measuring 2 acres 30 guntas and 511 measuring 2 acres 4 guntas of Hiremagalur, Chikmagalur Taluk.

(2.) THE petitioners have jointly filed this petition as they have a common interest. The lands in question were said to belong to Shri Kanave Veerabhadreshwara Temple and Shri Malleshwara Temple. The same were inam lands covered under the provisions of the Mysore Religious and Charitable Inams Abolition Act, 1955 (Hereinafter referred to as ' the Act' for brevity).

(3.) THE learned Counsel for the petitioners in the above background contends that the petitioners have been granted occupancy rights, except the land in Survey No.511, in respect of which, there is an appeal pending before the Karnataka Appellate Tribunal. However, the regrant order insofar as other items of land are concerned, confers fresh rights on the petitioners and deprives the State of any claim over the same and those rights cannot be nullified by the acquisition proceedings, which was initiated in the year 1990. The invocation of Section 17 of the LA Act was impermissible, since the acquisition was for the purpose of a Housing Scheme and therefore, could not have been invoked. It is further contended that in terms of Section 27 of the Karnataka Urban Development Authority Act, 1987 (Hereinafter referred to as ' the KUDA' for brevity), a Scheme, in any event, has to be implemented within five years and hence the acquisition proceedings were not binding. The extent of 38 guntas or 3845.91 Square Metres, which has been brought to auction, could not be considered as a single site to be brought to auction by the CUDA on 'as is where is' basis. When the same consisted of areca nut garden and was in the possession of the petitioners, without taking possession of the same, the acquisition proceedings were never completed and therefore, the petitioners seek appropriate orders.