WRIT PETITION NO. 1600 / 1994.


IN THE HIGH COURT OF KARNATAKA AT BANGAORE
Original Jurisdiction

BETWEEN:

The Karnataka State Judicial
Employees House Building Co-operative Society Ltd.,

By its secretary, N. Lingaiah,
High Court Building ,
Bangalore - 560 001 Petitioner

AND

1] The State of Karnatka,
by the Secretary to Government
Revenue department,
M. S. Buildings ,
Dr. Ambedkar Road ,

Bangalore - 560 001.

2] The Special Deputy Commissioner,
Krishi Bhavan , Hudson Circle ,
Bangalore - 560 001.

3] The Special Land Acquisition Officer ,
III Floor, Visveswaraiah Centre,
Bangalore - 560 001. .. Respondents

PETITION UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA .

The Petitioner in the above writ petition states as follows:-

[1] On an application made by the petitioner before the Government for acquiring certain extents of land in the villages of Allalasandra, Chikkabommasandra and Jakkur Plantation, totally measuring 170 acres, the Government after examining the claim of the petitioner issued directions to the Special Deputy Commissioner, Bangalore District, Bangalore, for initiating the acquisition proceedings and accordingly, the Special Deputy Commissioner, Bangalore district, Bangalore, issued a notification which was published in the Karnataka Gazette dated 18-02-1988. After necessary enquiry, the Special Land Acquisition Officer, submitted a report to Government for acquiring the lands and accordingly a final notification under Section 6[1] of the Land Acquisition Act was published in the Karnataka Gazette dated 27-02-1989. The extent of land acquired under the final notification is 169 acres 12 guntas. The lands from a compact block . Subsequently, an award was also made by the Special Land Acquisition Officer . Before Section 6[1] notification was issued, an agreement had been entered into between the society and the Government under which the Government had undertaken to hand-over possession of the lands after acquisition and the society had agreed that allotments would be made only to the members of the society and comply with other conditions imposed by the Government . It is relevant to state that the society had entered into agreements with most of the land owners and had in fact paid an advance of

Rs. 1.00 Crore by way of account payee chequest. These cheques have been enchased and the land owners have received these amounts. The Special Land Acquisition Officer had issued a notice on 03-07-1989 to the society to pay a sum of Rs. 65,25,915-50, which according to him, represented the amount payable by the society towards cost of acquisition, conversion fine, establishment charges and audit charges. The society had deposited a sum of Rs. 13,50,222-00 with the Government, even before Section 6[1] notification was issued. These lands have been specified in the comprehensive development plan for residential purposes and as a result of statutory conversion in to urban lands, an order under Section 95 of the Land Revenue Act is not necessary, since they have become non-agricultural lands by statutory force. The establishment charges at 10 per cent is also arbitrary since it is calculated on the basis of the total cost of acquisition. In fact, the society has challenged these demands in Writ Petition No. 2382 of 1990 in which the demand towards conversion fine and establishment charges have been stayed. Subsequent to the notice, the society has deposited the following amounts: -

Date of deposit

Cheque No.

Amount deposited

19-01-1990

79166 Apex Bank

Rs. 5,00,000-00

06-02-1991

79205 Apex Bank

Rs. 5,26,500-00

22-02-1991

79206 Apex Bank

Rs. 19,99,963-40

19-06-1992

0473247 Vysya Bank

Rs. 33,210-00

13-11-1992

0302876 Vysya Bank

Rs. 85,000-00

TOTAL AMOUNT

Rs. 31,44,673-40

[2] The acquisition proceedings remain unchallenged in respect of many of the cases. Therefore, after the awards were made, the Government issued directions to the Special Land Acquisition Officer to take possession of the lands. Accordingly, the Government took possession of the lands except 17 acres 18 guntas in the tree villages in the year 1992 itself. The Government took possession of 17 acres 18 guntas of land on 06-05-1993 and a notification under Section 16[2] of the Land Acquisition Act has also been issued and the same is also published in the Karnataka Gazette dated 27-05-1993. A true copy of the letter dated 03-07-1989 is produced herewith and marked Annexure - A. A true copy of the stay order made in Writ Petition No. 2382 of 1990 is herewith produced and marked Annexure - B . A true copy of the Section 16 [2] notification is herewith produced and marked Annexure - C.

[3] There is no justification whatsoever for the government to retain these lands in its possession, even though the society has deposited with the Government nearly Rs. Lakhs and has paid nearly a crore of rupees to the owners of the land. Having regard to the fact that the Government has no right to levy conversion charges and demand a huge amount of 10 per cent of the acquisition cost towards establishment charges and the said demands have been stayed by this Hon'ble Court, nothing is payable by the petitioner tot he Government towards acquisition . Therefore, the petitioner addressed a letter tot he Government on 24-04-1993 demanding handing over of possession of the remaining lands as early as possible, as the possession of these lands was necessary to form a layout and avoid unauthorised constructions. The petitioners submits that after taking possession of the lands from owners, the Government has no legal right to be in possession of these lands and there is a duty cast upon the Government to hand over possession of these lands to the society for the acquisition was made. If ultimately it is found that the petitioner had to pay any sum of money tot he Government, the petitioner is prepared to pay the same. Even otherwise, the petitioner is prepared to deposit the amount subject to the result of W. P. No. 2382 of 1990.

[4] A writ as prayed for may be issued on the following:-

G R O U N D S .

The Government has taken possession of the lands from the owners and has no legal right to retain the same without handing them over to the petitioner. The petitioner had deposited with the Government the entire amount demanded except a certain sum of money which according to the petitioner is not payable. There is no other reason why the Government has with-held delivery of possession. In such a situation, a writ of mandamus is necessary to be issued compelling the Government to hand over possession.

[5] The petitioner has no other remedy at law than to approach this Hon'ble Court in the exercise of its writ jurisdiction under Articles 226 and 227 of the Constitution of India. The petitioner has not presented any writ petition in this Hon'ble Court or has taken any other proceedings to challenge the order impugned. The petitioner has not filed any proceedings in this Hon'ble Court or in any other court claiming similar relief.

[6] WHEREFORE , the petitioner prays that this Hon'ble Court may be pleased to -

[ i ] issue a writ of mandamus directing the respondents to deliver possession of 17 acres 18 guntas of land situated in Allalasandra, Chikkabommasandra and Jakkur Plantation Villages of Yelahanka Hoble, Bangalore North Taluk, which were taken possession of by the Government vide Annexure - C, the Notification No. LAQ [9] SR - 12 / 87-88 published in the Karnataka Gazette dated 27-05-1993.

[ ii ] pass such other order or orders as may be just and necessary in the circumstances of the case.

Bangalore ,
Date: 17-01-1994 Advocate for Petitioner.

Address for Service:-

Shri. T. S. Ramachandra,
Advocate , No. 4 , Srikantan
Layout, High Grounds ,
Bangalore - 560 001.

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