High Court Karnataka High Court

Siddamma vs The Special Land Acquisition … on 12 August, 2009

Karnataka High Court
Siddamma vs The Special Land Acquisition … on 12 August, 2009
Author: P.D.Dinakaran(Cj) & V.G.Sabhahit
 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 12"' DAY or AUGUST 2003;v~.V_]'-[}.TH

PRESENT

THE HON'BLE MR. P.D. D1NAKAR%/m,»%cH1EF"JU§iTI'CEf_'   R

AND

THE HOi\!'BLE MR.JusT'iCE.%v.G'.'-sABHAHiTi'_jT«Ev... 

WRIT APPEAL :_\!o.1807/2DD9_(1.A§ié.E«s5,__ 
BETWEEN:   K O O'

1 SIDDAMMA   

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. * V. 1' occ;AG4RI»cuLTuRE,
" V _RKONO.v3'2D.3;;.YARAMAHALLY
. * TsTTzT1'Ts<R1z.sTa3~s:A TEMPLE ROAD,
' ._s1DDARTHANA<3AR,
f%'!YSORE" DISTRICT.

 APPELLANTS;

  'srf: MAHANTESH s HOSMATH, ADV., )



to make an application to the respondents to delete that

part of the area where they have put up their res..i’deii4tlila.lvv

houses. Learned single Judge has further .

such an application being given, __t.h.e__respo’nd’ents'”*s,hail~__,

consider the same and reconvey the c’ons*tru»c_ted:”arwea-¢;oT1.r_:

the petitioners, if it is found”t_hat the’-structtilriesfiflyii-e.re–5 in

existence as on the date of the p,r:e:iimi’n_,ary notification.

2. The saidwritretiitiont.i§i.o,;s82.,§}2oo8 was filed
by the appeltalnétsri:h:er~e:i,i§__fseyeiqérigv.”‘f’orWciuashing of the
preiirninar_y__,n’o’tif:i’ceit;i,on’ commissioner MUDA,
Mysore, ‘–:_iAat_r.-ti AV2Vll3″.wG:-6:19§2l_i.aivn.d’ the final notification issued

by the Under’ S-ecr’eta”ry tofiovernment, Bangalore, dated

18.o3._§1!99e5. It ‘i’s~l..ayerred in the writ petition that the first

1/..5.:Siddamma is the owner of the land in Sy.

Nl’o,_1″§–Q/l1″‘t«o~»_.._an,”e}<tent of 01 Acre 07 Guntas situate at

A A .A|ana'haiii

the said area. The property was acquired by the Mysore
Urban Deveiopment Authority (MUDA) without complying

with the provisions of the Karnataka Urban Deveioprnent

Act, 1987 and awards were passed. The first pe–ti’ti-o_’ner.,A4

being a poor widow beionging to scheduled caste; ‘

aware of the Court proceedings an:d~’c.o.uidf_:not

the notification before this Court. ;’ilow’ev’er,’ff’so’n1e

owners whose land had acAq”uireid.,VAf’it-.fil’e;d”‘WLP.
No.12699/1999 connected ‘i’\lo».»¢.i5..4i’§’.’-)2 to
45493/1999 and other writeapeiziifiiensfi’eds;giescrabed in the

writ petition chVai.i:engingI_’the’iiacgufiysitiovnzproceedings and

the said writVywpetiitionsf”-we-re’ ailowed by quashing the

notification”aa_nidvV tVi1e.7petiti*_oners being similariy situated

persor_igastr.that tnecfsyaid iwrit petitioners, are entitied to the

same;relievf_a.nd~.wherefore, the writ petition is filed for the

aiaoi/’eyire’fer’re.d’teiiefs.

” The Petition was resisted by the respondents.
Learned singie 3udge after considering the

.A:V’co_ntentions urged by the learned counsei for the parties,

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by common order passed in W.P. No.9829/2008 and WP.

NOS.5833/2008 and 10569/2008 dated O2.O3.2VGO_»9,

observed that in view of the decision of the

Supreme Court in MUNITI-EIMMAIAH VS.

KARNATAKA AND OTHERS (ILR 2;OU2″«Kf¥R the

provisions of Sections 6 and 11–A

Act, are not applicable as acquisition is vma’de”_:uVVnde’r” the

Urban Development Authority ,.-i\c’t;n_fi.e’a.r._ned’single Judge

. further held that the scherné n0t_.,:|iz§.{5.E’s¢3″d”..%is the lands

have been acqu.ired *1-pursuant}to~.lt’h>ej_~-finalfnotification and
award has layout has been
formed Alanahali:ii-.,$ec’o’n§-…_5gage, Mysore and thousands

of houses ‘have up”‘_.»i.and accordingly, declined to

_..V.interfe.ije” with the «acquisition proceedings. Learned single

A’=__3udge; h_as..%-reserved liberty to the appellants herein

(petAi’t.i.one”rsV”.i’n_ No.9829/2008) to make an application

-to the” resp.o’ridents to delete that part of the area where

it have” put up their residential houses. Learned single

..ili’JuAd:g’e’Ahas further observed that on such an application

‘fibleilng given, the respondents shall consider the same and

‘ reconvey the constructed area to the petitioners if it is

found that the structures were in existence as on the date
of preliminary notification and accordingly, dismissed the

writ petition with the above said observations. Being

aggrieved by the said order of dismissal of

petitions, the petitioners in W.P.

preferred this Writ Appeai.

4. We have heard the iearned:..co;:n’se’i4_ap,peai:i_ng_.ii’

for the appellants and the iearned Additional

Advocate appearing for the respoxnciyent.

LeaVrr1’eci=-.,coun’sei—-appearing for the appeilants

reiterated the ligvrotrnds before the iearned single

___3udge.,and*.further~.submii:ted that the writ petitions filed by

.”~._ther«olwne’rs_of*~other Eands, which were acquired by the

l\/l’L}{)”i€=§_,ifoVr’ purpose have been allowed and the

V .Vpetitio’ner’s:&rnay also be given the same relief and the

single iudge instead of aiiowing the writ petitions,

erroneously dismissed the same.

“\«”>

6. Learned Additional Government Advocate
submitted that the provisions of Sections 6 and 11–A of the

Land Acquisition Act are not appiicabie to the acquisition

made under the Urban Deveiopment Authority Act

of the decision of the i-ion’bEe

Munithimmaia’s case (supra) and r_a,o…g_rour:;ci””wna’tever’_’is

made out for interfering with the

and wherefore, the impugned passed by»t,he:._jEee.rn’ed

singie Judge is justified.

7. We have _ca_reiS_uiVi’.”consideration to the

contentions -. of.Vt’i*:.e=-._iearned~._ co-unset appearing for the

parties and “sc_rut,ini’zedrVtti’e:rnateriaE on record.

8.. _ The mate-ria’i’.on record wouid clearly show that

jT’ti~..eA :,.jcontentionA’o’f”‘the appeiiants herein in seeking for

‘t;;.ia’s,hiVnrg::::”tot’ preliminary notification and finai

notific,atio’n,~prarsuant to which, lands belonging to the

63-‘«i.__appeEian’ts__A** were acquired by MUDA, namely, non~–

to,nip_ii:a’nce of the provisions of Section 6 and 1:i.«-A of the

Acquisition Act, cannot be accepted in view of the

\5~5>.

decision of the Hon’ble Supreme Court ‘in

iViunithimmaiah’s case referred to above. In view_4.ofV_fthe_

said decision of the Hon’ ble Supreme Court,

in the eariier writ petitions wouid __n..o.t__be _.he’:’pf.u’_i:.to: the

appeilants herein. Further, there is al:so..no’it»merit ‘i’r:Vfi:~heI1ct_’é

contention of the learned cot;-nxsel”‘ap’pear:i’n’gjthe

appeiiants that the scheme hasV_l_4apsed»._»as no’«de_yel_opment
has been made in the Via’nd.ol’_ Mere fact
that no deveiopm_r.-‘nit.’ aCtlVi?;’p’~ has” the land of
the to declare that
the on record wouid
clearly show’ compieted the acquisition

proceedingsrraridv the sites formed in the said

iayoutfito the aliottees and constructions have been put up

the a.reka%.–.:’T.h_ere is no allegation that there was any

nuegiig.enc’ea”‘_”_v»or’iflapse on the part of the MUDA in

–Vimple44n1efitin’g”‘V the scheme and wherefore, the learned

‘:f:~.ing’ie_3udge has rightly negatived the contention of the

.fj.–wr–it”‘petitioners (appellants herein) that the scheme haci

‘eiiapsed. In View of the decision of the Hon’ ble Supreme

Court in Munithimmaiah’s case, the learned single Judge

\.s9v

has rightly held that the decision relied upon by the
iearned counsei appearing for the writ petitioners

(appeliants herein) in W.P. No.24246/205 disposed ofon

19.12.2008 was not heipfui to the writ petitioners.

regard to the decision of the i~ion’ble Supreme:..tfo’u’rtgj~i..nf’…_”.

Munithimmaiah’s case referred to…at)_ove_-“a’S'”‘~;3lso”-the

finding of the learned single Judge that the»

iapsed and the MUDA has impieinjented the sc:henvi–e.,and i

has developed the layout substan:tial_l_y,_it isfcleair that the
writ petition filed by the petitionheifs -.,No.9829/2008
has been rightly _d–ismisse’d’i–b:y singie Judge

reserving~.._’iib–eityftofthei w’:i=i.t:’p.etit’ioners (appeilants herein)

to make an”*aupplVicVat_ion. tofithe respondents for excluding

_.._the are.5a,’v wherein”they have put up their residential houses

AV_andV’~t_he_,:res~pfondents were directed to consider such

app–lica.tioVn”a’nd”teconvey the constructed area to the writ

–petitions. was found that the structures were in

‘gtistengceyvffas on the date of the preliminary notification.

–..f.i#iaK.-Zinfgfffregard to the above said material on record, it is

that the impugned order passed by the learned single

‘4 ‘Judge reserving liberty to the appeliants herein is justified

\§.c%

-13-

and does not suffer from any error or iflegality as to cat} for

interference in this intra–Court appeaf and according§s_}_j;’-wézv

hoid that there is no merit in this Writ Appeal _

foflowing Order:–

The Writ Appeal is dismi:{s_ed_.

,_ 1 «V A Ice
” er Sd/..’
JUDGE

V’ FL”-na I’ V H . . . . . .. ‘V

“=__Ind’ex_; 4_

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