LAKSHMAMMA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) In these writ petitions, petitioner has sought for a direction to the respondent-State and its Authorities to re-enter his name in the RTC in respect of land bearing Sy. Nos. 34/1, 35/1, 35/3, 43/2, 2/1 and 1/2 of Kariammana Agrahara Village, Varthur Hobli, Bangalore East Taluk.

(2.) The case of the petitioner is that he owned several agricultural lands in Kariammana Agrahara Village. He had filed a declaration in terms of the provisions contained under the Urban Land (Ceiling and Regulation) Act, 1976 (for short, 'the Act'). The then Special Deputy Commissioner who was the Competent Authority under the Act passed an order dated 25-8-1987 declaring that petitioner was in possession of excess vacant land to an extent of 15290 sq. mtrs. Pursuant to this order, a notification was issued under Section 10(3) of the Act declaring that the excess vacant land comprised in Sy. Nos. 34/1, 35/1, 43/3, 2/1, Vi and 35/3 shall be deemed to have been acquired by the State with effect from the date of publication in the gazette on 20-7-1971. Subsequently, the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (Act 15 of 1999) came to be enacted.

(3.) In terms of the provisions contained under Sections 3 and 4 of the repeal Act, if the excess vacant land had continued to be in possession of the declarant and he had not received any compensation, then, the land has to be restored to the owner. Even in case where compensation has been received, the land was required to be restored upon the declarant refunding the amount paid to him. All proceedings relating to any order made under the Principal Act pending immediately before the commencement of the Repeal Act stood abated.