STATE OF KARNATAKA Vs. GOKULA EDUCATION FOUNDATION BANGALORE

JUDGEMENT

(1.) SINCE all these writ appeals are directed against the same common judgment of the learned Single Judge dated 15th April, 2004 passed in writ Petition Nos 3832 to 3849 of 2004, all these writ appeals were clubbed, heard together and they are being disposed of by this common judgment

(2.) WRIT Appeal Nos 3777 to 3794 of 2004 are preferred by the State of Karnataka, Writ Appeal Nos 2627, 2740 to 2755 and 3618 of 2004 are preferred by the Bangalore Metropolitan Transport Corporation (BMTC), whereas Wnt Appeal Nos 2792, 2793 and 3135 to 3150 of 2004 are preferred by the Bangalore Development Authority (BDA)

(3.) M/s Gokula Education Foundation, Bangalore (for short, 'gef'), which is one of the respondents in all these appeals, filed Writ Petition nos 3832 to 3849 of 2004 in this Court for quashing of the allotment order dated 13-3-2003 in No BDA/ds-1/ca/sy No 20/rmv/ii/iii/2003-04 and consequential possession certificate bearing No BDA/ds-1/sy No 20/rmv/ii/iii/2003-04, dated 20-9-2003 issued by the BDA in favour of bmtc The GEF also sought for a declaration that the subject lands have not vested in the BDA and the BMTC and that they have no subsisting rights over the lands in Sy Nos. 6/1, 6/2, 7, 9, 10, 12, 13, 20 and 21 of Chikkamaranahalli Village and Sy Nos 27, 29/1 and 29/2 of devasandra Village, Yelahanka Hobli, Bangalore North Taluk covered by the preliminary Notification No A3/petitioner-511/slao/76-77, dated 3-1-1977 (Annexure-D) and final Notification No HUD 39 MNJ 78, dated 2-8-1978 (Annexure-E) and also for a permanent injunction to restrain the BMTC and BDA from interfering with its possession and enjoyment of the said lands covered by the preliminary Notification No. A3/petitioner-511/slao/76-77, dated 3-1-1977 and final Notification no. HUD 39 MNJ 78, dated 2-8-1978. The above writ petitions were opposed by the BDA, BMTC as well as the State of Karnataka by filing statement of objections. Learned Single Judge has allowed the writ petitions, quashed the impugned orders and declared that the subject lands are not vested in the BDA and BMTC and that the acquisition proceedings under preliminary Notification No. A3/petitioner-S11/slao/76-77, dated 3-1-1977 and final Notification no. HUD 39 MNJ 78, dated 2-8-1978 insofar as the subject lands are concerned have lapsed. Learned Judge has also declared that the BDA, bmtc and the State of Karnataka have no right whatsoever to disturb the possession of GEF in respect of the subject lands in view of the declaration made by him. Hence, these writ appeals by the aggrieved parties.