Writ Petition No. 1600 / 1994.

IN THE HIGH COURT OF KARANATAKA AT BANGALORE
DATED THIS THE 10th DAY OF FEBRUARY 1994.

BEFORE

THE HON'BLE Mr. JUSTICE G. P. SHIVAPRAKASH

Between:

The Karnataka State Judicial Employees House Building
Co-operative Society Ltd., by Its Secretary, N. Lingaiah,
High Court Building, Bangalore-1, . PETITIONER

[ By Sri. T. S. Ramachandra, Adv. ]

AND

1. The State of Karnataka, 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

[ By Smt. Bharathi Nagesh, High Court Government Pleader ]

------

This writ petition is filed under articles 226 and 227 of the Court intuition of in , praying to direct the respondents to deliver possession of 17 acres 18 guntas of land situated in Allalasandra and Jakkur Plantation villages of Yelahanka Hobli, Bangalore North Tq., which were taken possession of by Govt. vide Annexure 'C' the Notification Date; 27-05-1993.

This Writ Petition coming on for Preliminary hearing this day, the Court made the following:-

O R D E R

The petitioner which is a Co-operative Society seeks direction to the respondents to deliver possession of 17 acres 18 guntas of land situated in Allalasandra, Jakkur Plantation and Chiakabommasandra villages, Yelahanka Hobli, Bangalore North Taluk, which were taken possession of by the Government pursuant to Notification No. LAQ [9] SR 12 / 87-88 published in the Karnataka Gazette Date; 27-05-1993, copy of which is marked as Annexure -C.

[2] Smt. Bharathi Nagesh, learned High Court Government Pleader, submitted that in view of the change in the policy of the government, the Government will have no objection whatsoever to hand over possession of the said lands to the petitioner.

[3] Sri. T.N. Ramachandra, learned Counsel appearing for the petitioner submitted that time may be fixed for handing over of possession of said lands to the petitioner society. He invited my attention to the decision of this court in W. P. No. 35881/1993 enter judgment and WP of this [D. D. 03-12-1993], where in this Court while considering a similar plea has ruled thus:

"Irrespective of the correctness of the allegations made against other Societies, it is incumbent on the part of the respondents to hand over possession of the land acquired for the benefit of the petitioner's Society, particularly when the petitioner's society has admittedly deposited large sums of monies towards compensation and such compensation has already been paid to the owners of various lands . It is also admitted that pursuant to the acquisition proceedings, the 3rd respondent has taken possession of the land as prescribed by section 16[2]. When once possession is taken under Section 16 of the Act pursuant to the declaration issued under Section 16 of the Act the possession of the said land must be handed over to the society for whose benefit it was acquired and taken over. Failure to hand over possession without any reasonable cause amounts to depriving the petitioner of their right to possession of their property."

[4] The factual position in this case is no different from the one in W. P. No. 35881 of 1993. In this case also, the petitioner society has paid large sums of money for the acquisition of the lands and therefore Govt. having taken possession of the lands in terms of Section 16 of the Land Acquisition Act is obliged to deliver possession of the said lands to the petitioner.

[5] In this view of the matter, this Writ Petition is allowed and a direction is issued to the respondents to hand over possession of the lands in question to the petitioner society within six weeks from the date of receipt of a copy of this order.