TELECOM EMPLOYEES CO OPERATIVE HOUSING SOCIETY LTD Vs. SPECIAL DEPUTY COMMISSIONER AND COMPETENT AUTHORITY D K

JUDGEMENT

(1.) The Telecom Employees Co-operative Housing Society Limited represented by its Secretary, Mangalore, is the petitioner herein questioning the impugned notice and notification dated 13-9-1985 issued by the Special Deputy Commissioner and Competent Authority, Dakshina Kannada, Mangalore, who is respondent-1 herein.

(2.) A vacant land measuring 86 cents situate in R.S. No. 714 and T.S. No, 177, northern portion of Attavar of Mangalore lying within Mangalore Corporation originally belonged to the family of res- pondent-2. A declaration was filed under Section 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called 'the Act'). On receipt of the said declaration made by T. Rajanandan Walke son of late T. Krishna Walke not only on his behalf but also on behalf of 10 other members of the same family dated 16-6- 1982, an endorsement was issued on 11-8-1983 by respondent-1 stating that on a scrutiny of the declaration made under Section 6(1) of the Act by T. Rajanandan Walke for and on behalf of Govardhana Walke, Rajanandan Walke, Smt. Vasanthi Walke, Smt. Champavathi Walke and Smt. Narmada K. Walke that the land jointly held by them in Bolur and Actavar villages in respect of each one of therm is within the ceiling limit. The endorsement contains a reference mentioning that the declaration refers to the one made under Section 6(1) of the Act by Rajanandan Walke son of Krishna Walke duly authorised by Govardhan Walke, Rajanandan Walke, Smt. Vasanthi Walke, Smt. Champavathi Walke, Smt. Narmada Walke, Srikanth Walke and Ramakrishna Walke. Thereafter, on 8-11 - 1983, registered deed of sale was executed by Govardhan Walke, Rajanandan Walke, Suprabha S. Shet, Subodha B. Vetekar, Lakshmidevi V. Nayak, Shrikanth Walke and Ramakrishna Walke in favour of the petitioner society for a valuable condsideration of Rs. 4,30,000/- in respect of the property described in the schedule to the sale deed, a copy of which is Annexure-B, inclusive of 86 cents of vacant land which is referred to in the declaration submitted under Section 6(1) of the Act. The identity of the land in respect of which a declaration was filed under Section 6(1) of the Act is the same as 86 cents of vacant land sold under Annexure-B to the petitioner society. On 26 4-1985, a notice was issued by respondent- 1, a copy of which is Annexure-D, notifying that it is presumed that the declarant has no objections to acquire the excess vacant land determined and, therefore, the final notice under Section 9 of the Act is prepared and sent, This notice is addressed to T, Rajanandan Walke, On 13-9-1985, a notification was enclosed along with a letter of the same day, a copy of which is Annexure-C1, declaring that the excess vacant land the particulars of which are described in the schedule thereunder held by Rajanandan Walke is deemed to have been acquired by the Government of Karnataka with effect from 1-10-1985. On the same date, a letter was addressed by respondent-1 to the Assistant Director, Government Branch Press, Madikeri, Coorg District requesting for gazette publication of the notification under Section 10(3) of the Act in respect of the excess vacant land held by T. Rajanandan Walke of Mangalore in Mangalore Urban Agglomeration shall be deemed to have been acquired by the Government of Karnataka with effect from 1-10-1985. On 18-7-1985, the Secretary of the petitioner society as an objector preferred objections to Section 9(1) notification bringing to the notice of respondent 1 that the society had purchased a part of the property from Rajanandan Walke in Sy. No 177 measuring 86 cents under registered sale deed dated 8-11-1983 for the purpose of putting up residential flats for the members of the society. It was also pointed out in the said objection statement that prior to the purchase of the land from the vendor, the vendor had obtained clearance certificate from the competent authority by order dated 8-11- 1983. It was also mentioned in the said statement that the above fact had already been intimated by the vendor through his Lawyer to respondent-1 on 22-5-1985. In view of the purchase preceded by clearance as aforementioned, the objector maintained that the contemplated action under law by the authorities is unsustainable. On 30-7-1985, respondent-1 issued an endorsement to Sri M. Krishna Rao, Advocate, bringing to his notice that a reply has been issued by the authorities dated 16-7-1985 in response to the notice of 28-5-1985 issued by the Lawyer on behalf of Rajanandan Walke. The reply issued on 16-7-1985 by respondent-1 clarified that the endorsement issued on 11-8-1983 under Annexure-A that the said endorsement relates only to the members of the undivided family who had attained majority. The said reply also made it clear that as such, notices under Sections 9 and 10(1} of the Act were issued to Rajanandan Walke who was the authorised agent of the members of the family. The petitioner is aggrieved by the notification dated 13-9-1985 issued under Annexutes-C and 'C1 by respondent-1 the said notification having been issued under Section 10(3) of the Act declaring that there was excess holding of land and the same having been deemed to be acquired by the Government of Karnataka with effect from 1-10-1985.

(3.) The respondents have not filed any statement of objections.