SHARADAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE earlier proceedings prior to filing of this writ petition had. a chequered career. The facts germane for the disposal of this writ petition can be succinctly stated as follows: the petitioners claim that they are the owners of the land in question, i. e. , Sy. No. 14/6b measuring 37 guntas and 12/5b measuring 23 guntas of Thavarekere village which according to them was of the ownership of one late S. K. Venkateshappa. According to the petitioners, at the time of issuance of preliminary notification for acquisition, the name of Late S. K. Venkateshappa, husband of first petitioner was shown as registered kathedar. After the acquisition, the lands vested with the Bangalore Development Authority (for short, 'the Authority') and the same was allotted by them to the third respondent-Society along with certain other lands.

(2.) THE undisputed facts are that the lands in question along with some other lands was notified for acquisition for a public purpose, for formation of Byrasandra Thavarekere Madivala (BTM) layout (for short, 'btm Layout') pursuant to preliminary notification dated 19. 09. 1977. The said notifications were issued under Sub-Section (1) of Section 17 of the Bangalore Development Authority Act, 1972 (for short, 'the Act' ). Suffice it to say that notices of the acquisition were served on the original kathedar, i. e. , S. K. Venkateshappa. Objections were invited, filed and rejected and a final notification was issued. It is not in dispute that an award was passed on 13. 10. 1981 in respect of Sy. No. 12/5b. The notice of the said award was duly served on S. K. Venkateshappa, the original kathedar. But however, he did not file any objections, nor did he seek a reference, seeking enhancement. Incidentally it is to be noticed that no Malkies or structures were found in the lands in question, when the Special Land acquisition Officer inspected on 29. 11. 1979. Suffice it to say that the possession of the land was taken on 11. 12. 1981. Mahazir was also drawn. A notification under Section 16 (2) of Land Acquisition act (forshort, 'the LA Act') was issued on 19. 04. 1982 and possession of Sy. No. 12/5b was taken on 11. 12. 1981. Sy. No. 14/6b did not substantially stand on a different footing and an award was passed on 26. 03. 1980. The notice of the said award was served on the original kathedar S. K. Venkateshappa on 15. 11. 1978 but he did not lodge any claim for enhancement. Incidentally there were no structures or malkies on the lands in question and the possession was taken on 26. 07. 1989. Notification under Section 16 (2) of the LA Act was issued on 04. 02. 1982. Possession was taken and handed over to the concerned department of the authority.

(3.) THE petitioners notwithstanding these proceedings and the award notice having been served on the original kathedar, questioned the acquisition proceedings in W. P. No. 12195/90. The petitioners obtained an interim order of dispossession. But however, on an application made by the authority, bringing it to the notice of the Court that an interim order is obtained by suppression of material facts, the interim order granted was vacated by the learned Single Judge observing thus: