|(O.S. No. 6003 / 1999 " Plantiff's Document 3 ; adducing that Society approached Govenment in 1991 to acquire the defendents Lands among others " Page No. 76 to 78 of File )|
IN THE COURT OF THE CITY CIVIL JUDGE AT: BANGALORE
English translation of the above image is as follows:
Karnataka State Judicial Department Employees House Building Co-operative Society
Ref. No.: KSJDEHBCS/LAQ/3-4/90-91 Date: 18-1-1991.
(1) The Hon'ble Chief
Minister, Government. of Karnataka, Bangalore-1.
(2) The Hon'ble Revenue Minister, Government of Karnataka, Bangalore.
(3) The Special Deputy Commissioner, Bangalore Urban, Bangalore.
(4) The Special Land Acquisition Officer, T. V. Tower, Bangalore.
(5) The Secretary & Commissioner, Revenue Dept. Bangalore.
Sub:- Acquisition of additional lands to an extent of 70 acres at Allalasandra Jakkur Plantation and Chikkabommasandra Villages in favour of our society.
(1) Our letter dated: 30-4-1988 & 01-01-1990
(2) Govt. letter No. RD 103 AQB 88 Dated: 07-06-1988 ( copy enclosed)
While thanking the Government and the Three Man Official Committee for having considered the representation of our society and recommended for acquisition of 172.38 acres of land, we wish to submit that this is far below our claim and entitlement to an extent of 240 acres, on the strength of our actual requirements and fact situations, and through this letter, we renew our request for the acquisition of the additional extent of 70 acres for the benefit of our society
We wish to point our that as early as in February 1984, we had moved the Government for the acquisition of 240 acres of lands in the villages of Allalasandra, Jakkur Plantation and Chikkabommasandra Villages, and had mentioned the survey numbers of the various lands sought for acquisition. We had also mentioned that the owner of these lands had agreed for the sale or transfer of these lands in favour of our society. The Government by its letter No. RD 156 AQB 84 dated: 27-11-1987 was pleased to accord approval for the acquisition of these lands to an extent of 172 acres and 38 guntas.
Our society immediately started entering into agreements with the owners of the lands. However, the process of verification of title and such other matters took some of title immediately, and execute agreements in favour of our society, there was delay in the case of a few others while the rest were not able to produce any title deed at all. In this background some agreements came to be executed on or before 30-6-1984, while a few others were executed after 30-6-84, practically within a couple of months thereafter. No. agreements could be obtained in cases where documents of title were not produced.
At the time when our society has negotiated with the villagers, and also when actual agreements were executed by some of the villagers, the Government had not taken any decision regarding the cut-off date for recognising the agreements. Consequently, even after 30-6-84, our society paid considerable sums of money to various landowners and had obtained the agreements. While other were willing to execute the agreements, the absence of documents of title in the case of others has been the cause of not obtaining written agreements.
The records and registers of our society have been verified by different authorities and it has been held that on the strength of our society's membership, the society would be entitled to claim 240 acres of land.
However, at the time of acquisition, lands to the extent of 70 acres have been loft out on the ground that in their case, agreements were not obtained on or before 30-6-84. While Government may have very valid reasons for choosing 30-6-84 as the cut-off date, we wish to submit that the rule cannot be applied in a rigid and inflexible manner, disregarding the circumstances of each case.
We wish to point out that the lands we were seeking to get acquired from one compact block, which is a sine-qua non-for the formation of a good layout. Secondly, most of these lands which are left out from acquisition are border lands or pockets, surrounded by lands acquired for our society. By excluding them from acquisition for our society, no tangible object will be served, except it is to encourage the individual owners to take advantage of the benefits of the layout formation of our society for their individual advantage, without spending any money for the purpose.
Even now, most of the owners of the lands have received full value of lands and given G.P.A. consent for the lands being acquired for our society on the same basis as the other lands which are already acquired. A few may be no doubt unwilling, but the motivating factor in their cases is bargaining for higher compensations in view of the delay in acquisition. The society submits that it has not been responsible for the delay, and considering this factor, the Government may be pleased to order the remaining 70 acres also to be acquired.
If these additional lands of 70 acres are not acquired, many of our members will be disappointed by not being able to got sites. We wish to mention in the context that ours is not a commercial venture, but a society devoted to the cause of the employees and Judges in the Courts of Karnataka. Most of members have made contributions to the funds of the society, by facing several inconveniences. We hope that the Government will be pleased to take into consideration the various factors stated above, and order for the acquisition of the remaining 70 acres of lands at Allalsandra, Jakkur Plantation and Chikkabommasandra villages Under Compulsory Acquisition in favour of our society.
For KARNATAKA STATE JUDICIAL DEPARTMENT EMPLOYEES HOUSE BUILDING CO-OP. SOCIETY LIMITED.