CHINNAPPA REDDY AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are challenging the Notification dated 06.11.1990 issued by the 3rd respondent Additional Special Deputy Commissioner, Urban Land Ceiling, Bangalore, under Sec. 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the Act') in respect of Sy.Nos.101 and 116 of Bagalagunte Village of Yeshwanthpur Hobli in Bangalore North Taluk. They have also sought for an order that the proceedings initiated in respect of these two lands under the provisions of the Act have stood abated as the acquisition of these lands as vacant lands without taking possession of the same cannot affect the land in the light of the provisions contained in the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short, '1999 Act').

(2.) Proceedings were initiated against the petitioners under the provisions of the Act as the petitioners were in possession of excess vacant land. The said proceedings culminated in a notification being issued under Sec. 10(3) of the Act on 06.11.1990 vide Annexure-A, stating that an extent of 4463.23 sq.mtr. area in Sy.No.101 and 4350.34 sq. mtr. in Sy.No.116 has been declared as excess vacant land possessed by deceased Narasimaiah under whom the petitioners claim as his legal representatives. It is urged by the petitioners that no further action having been taken by the Competent Authority vide Sub- Sections (5) & (6) of Sec. 10 to take over possession of excess vacant land, they continued to be in possession of the land and their names continued to be recorded in the revenue records uninterruptedly. It is also urged by them that on 05.11.1995, petitioner No.4 has got the land converted insofar as his share was concerned in respect of Sy.No.116 to an extent of 2 acres 6 guntas for non-agricultural residential use. Reliance is placed on the order passed by the Deputy Commissioner vide Annexure-J in this regard.

(3.) Similarly, petitioner No.3 has got converted his share of the land measuring 2 acres 6 guntas comprised in Sy.No.116 for non-agricultural residential use vide Annexure-K order dated 17.11.1995. So also petitioners 1 & 2 have got their share of the land measuring to an extent 2 acres 20 guntas comprised in Sy.No.101 for non-agricultural residential use vide Annexure-L order dated 17.11.1995. It is urged by the petitioners that subsequent to the order of conversion they have obtained sanctioned plan by the Competent Authority for formation of layout and several sites have been formed and many other developments have taken place. It is further narrated in the memorandum of writ petition that sites formed in the layout have been sold in favour of third parties wherein constructions have been put up. Petitioners have produced documents to show that layout has been formed and sites formed have been disposed of by sale in favour of third parties who have put up construction in the sites purchased by them.