VENKATASWAMY Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE petitioners in W.P.No.860/2009 claim as joint owners of land in survey no. 42/47 of Mallathahalli, Yeshwanthpur Hobli, Bangalore North Taluk, measuring about 2 acres. THE said land is claimed to have been granted to one Jutta Bhovi in the year 1953. He was said to be the father of the first petitioner, the father -in - law of the second petitioner and the grand -father of the other petitioners.

(2.) THE legal representatives of Jutta Bhovi are said to have initiated proceedings under the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (Hereinafter referred to as the 'PTCL Act'), against one M. Mahadev, who had purchased the said lands in contravention of the above Act. He was ordered to be evicted and the lands resumed, as per the order dated 15 -2 -1993 passed by the Assistant Commissioner, Bangalore Sub -Division. On an appeal against the said order, the matter had been remitted to the Assistant Commissioner for a fresh enquiry. Again, by an order dated 29 -8 -1997, the Assistant Commissioner had reiterated the order of eviction. THE same was confirmed in appeal as per order dated 1 -7 -2002, by the Special Deputy Commissioner, Bangalore District. A Writ petition filed against the said order, in W.P.No.12622 / 2003 was dismissed on 2 -7 -2003. THE petitioners therefore claim to be in possession of the land after the above proceedings attained finality.

(3.) ON the other hand, the learned counsel for the BDA contends the petition is barred by delay and laches. Even on merits, it is sought to be pointed out that the restoration order was passed in favour of the petitioners only on 2 -7 -2003, whereas the preliminary notification had been issued on 9 -4 -2003 itself. It is contended that the BDA has implemented a Scheme called 'Sir M.V. Layout' in Bangalore North Taluk and it was proposed to take up a scheme for formation of further layout under the same name. Pursuant to the resolution dated 17.1.2003, notification under Section 17(1) of the BDA Act was issued on 8.4.2003 and it was published in the Karnataka Gazette dated 9.4.2003 proposing to acquire an extent of 773.18 acres land in Mallathalli, Gidadakonenahalli, Herohalli villages of Yeshwanthpur Hobli, Bangalore North Taluk. The notices as required under Section 17(5) of the Act were issued to all the land owners notified in the notification. In addition, it was published in the leading newspapers for the information and notice of the general public and such of the persons who could not be served in person due to non -availability etc., to file objections. In the case on hand i.e., Sy.No.42 of Mallathalli, the total extent of land is 89 acres 17 guntas and out of that an extent of 44 acres 5 guntas was notified. As regards the land in question Smt. Nanjamma, wife of Chinnanna, Venkataswamy, son of Chinnanna were the notified khatedars. Since they were not available in the place or village where the land was situated, the service of notice was effected by affixture. Either in response to service or paper publication, no objections were filed by any of the petitioners. After enquiry and taking note of conversion of land by some land owners for non - agricultural purposes development of revenue layouts and built -up areas, the BDA, at its meeting held on 28.6.2003 decided to exclude such area and issue the final notification in respect of available vacant land to an extent of 13.17 acres i.e. Part -I (4.10 acres), Part -II (5.07 acres), Part -III (3 acres) and Part IV (1 acre). The land in question is Government land and had to be notified only because of claims of individuals as grantees/persons in unauthorised occupation etc. Out of the finally acquired extent certain portion has been utilised for road formation/road widening, to make a proper approach road to SMV Layout. The award has been passed on 16.6.2008 and approved by the competent authority to an extent of 5 acres 10 guntas coming in part I and IV. The possession of 4 acres 10 guntas which was vacant was taken and handed over to Engineering Section on 9.7.2008. The possession of remaining extent of 1 acre is not taken as yet because of unauthorised constructions. It is contended that writ petition No.16133/2004, and several connected cases challenging acquisition of land under this Scheme were disposed of by this Court vide order dated 6.6.2006, upholding the acquisition subject to the observations and directions contained in the order, in respect of revenue site holders and land owners. Against the said order, Smt. Muniyamma, owner of a part of land in this Sy.No. measuring 2 acres had filed writ appeal No.1330/2006 and an order of status quo has been passed in respect of her land. Hence the extent remaining is 2 acres 10 guntas. The third respondent is a registered public charitable trust with objects, inter alia, of improving the educational and socio - economic conditions etc., of Scheduled Castes, Scheduled Tribes and Other Backward Classes. The land in Survey No.67, Herohalli village is gomala. As per Government Order No.RD 237 LGB 94 dated 8.8.2000 an extent of 1.20 acres in Sy.No.67 of Herohalli village had been granted by the Government subject to payment of Rs.8,31,710/ - to the said Trust. But, the BDA had acquired an area of 19 acres out of Sy.No.67 for formation of Further Extension of SMVL under the notifications produced as Annexures - B and C to the writ petition. An extent of 28 guntas belonging to the third respondent is part of the acquired area of 19 acres in Sy.No.67 of Herohalli and the said extent has been utilised for formation of the aforesaid layout. It is said that out of the land granted by the government to the third respondent, the remaining extent was occupied by a private party. Therefore, the third respondent had approached the Government stating that the BDA and private party were in occupation of the land granted to the Trust by the government in Sy.No.67 of Herohalli. Therefore, Government held a meeting presided over by the Principal Secretary, Revenue Department, Government of Karnataka on 1.4.2008 and the BDA explained that it had utilised the land for formation of layout. Therefore, it was decided by the Government that the BDA should compensate for the land acquired by allotting a civic amenity site or by giving alternate land, to be identified by BDA to the third respondent. It was further decided that the Special Deputy Commissioner, Bangalore shall identify 32 guntas of alternate land in the nearby area in the same village and submit a proposal to Government to grant. Pursuant to this direction and approval of the Government, the Authority considered the matter in its meeting held on 4.8.2008 and after deliberations it was decided to allot 14 guntas of land free of cost to the third respondent in lieu of their land in Sy.No.67, Herohalli. Based on this resolution, necessary conveyance deed was executed in favour of the third respondent on 22.09.2008. The possession of the allotted land has also been handed over to the third respondent ­ Trust and now they have submitted a representation dated 16.09.2008 stating that they should be allotted the remaining 14 guntas of land as directed by the Government. In this regard, they have filed Writ Petition No.14074/2008 seeking allotment of further 14 guntas. In the remaining extent, the authority has formed sites. It is contended that the petitioners are not entitled to make any claim in respect of land vested in the BDA after acquisition. Though opportunity was given, no objections were filed to the acquisition because by then they had not become owners of the land due to pendency of the PTCL proceedings. The W.P.No.161333/2004 (Smt. Shantha vs. BDA) and connected writ petitions challenging the acquisition for further extension of SMV Layout were disposed of by this Court on 6.6.2006. The petitioners had filed W.P.No.3827/2004, which was clubbed with the said writ petitions. As far as land owners are concerned, the Court was pleased to pass the following order: