REMCO (BHEL) HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED Vs. SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner is said to be a Housing Co-operative Society registered under the Karnataka Co-operative Societies Act, 1956 (hereinafter referred to as 'the Societies Act', for brevity). It had in the past formed a residential housing layout, which area is now comprised of Vijayanagar II Stage Layout, in Bangalore city. It is also stated that the Society had undertaken development over certain lands of Pattanagere Village and had negotiated with landowners in respect of identified lands earmarked for such development. This was necessitated as the law did not permit the petitioner from directly purchasing such agricultural lands and developing the same.

(2.) It is the case of the petitioner that notwithstanding the above circumstance, the landowners had again entered into further transactions, ratifying the earlier transactions and acknowledging that the petitioner had developed the layout and distributed sites formed in the layout to its members, some of whom had even put up construction on the sites. This situation of the petitioner having developed the layout was possible even during the pendency of the proceedings before this Court, as there was no order of stay of the acquisition proceedings. The distribution of the sites had commenced as early as the year 1989, and had been almost completed by the year 1992. The land which was then within the jurisdiction of the Sarakki Notified Area Committee had also issued khatha certificates to the respective allottees and site owners.

(3.) It is contended that the landowners who had, pursuant to the order of the Apex Court referred to hereinabove, notionally taken back possession of their land on refund of compensation amounts received by them, are said to have executed documents in favour of the petitioner confirming and ratifying that the lands were fully developed and were in the possession of allottee members of the petitioner-society.