List of Dates [026.22A]

IN THE SUPREME COURT OF INDIA

[Order XVI Rule 4(1) (a)]

CIVIL APPELIATE JURISDICTION

SPECIAL LEAVE PETITION

[Under Article 136 of the Constitution of India]

SPECIAL LEAVE PETITION (CIVIL) NO 12153 OF 2000.

BETWEEN POSITION OF PARTIES

In the court below. In this Court.

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

High Court Building, Bangalore - 1,
By its Secretary, N. Lingaiah, S/o Lingaiah, Bangalore _ 1 Appellant. .Petitioner

AND:. 1] The State of Karnataka, .Respondent. .Respondent.

by the Revenue Commissioner and secretary to Government,

Revenue Department,
M. S. Building , Bangalore - 1.

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

3] The Special Land Acquisition Officer, Podium Block,
Second Floor, Visveswaraiah Center, Bangalore - 560 001. .Respondent. Respondent.

4] The Special Land Acquisition Officer, III Floor,

T. V. Tower, Dr. Ambedkar Road, Bangalore - 560 001. .Respondent. .Respondent.

5] The Special Land Acquisition Officer,

Visweswariah Centre,

III Floor, Podium Block, Dr. Ambedkar Road,

Bangalore-560 001. .Respondent. .Respondent.

To,

The Hon'ble Chief Justice of India and his Companion Judges of the Supreme Court of India

The humble petition of the petitioner above named;

[1] MOST RESPECT FULLY SHEWETH;

The petitioner above named most respectfully submit this petition seeking Special Leave to Appeal against the Judgment and Order (Final) dated 25-6-1997 passed by the Division Bench of the High Court of Karnataka at Bangalore in Writ Appeal Nos. 138 of 1997 dismissing the Writ Appeal filed by the petitioners.

[2] QUESTION OF LAW;

The following questions of Law arise for consideration by this Hon'ble Court;

[a] In view of the over riding effect of the Urban Land (Ceiling & Regulations). Act 1976, whether the provisions of Karnataka Land Revenues Act are applicable to the petition schedule lands which are Urban Land and have cased to be agricultural land ?

[b] Whether the view taken by the Courts below is correct in law ?

[3] DECLARATION IN TERMS OF RULE 4 (2)

The petitioners states that no other petition seeking leave to appeal had been filed by them against the impugned Judgment and Order.

[4] DECLARATION IN TERMS OF RULE 6

The Annexures produced along with the S.L.P. are true copies of the pleadings / documents which formed part of the records of the case in the Court below against whose order the leave to appeal is sought for in this petition.

[5] GROUNDS

[A] Because admittedly the lands fall within the planning area and have been specified in the comprehensive Development Plan for residential purpose. The said lands are Urban lands and are not used for the purpose of agriculture and fall within the Agglomeration. Therefore in view of the provisions of the Urban Land Acquisition Act, the said lands are Urban lands and the provisions of Land Revenue Act are not applicable to such lands.

[B] Because the provisions of Urban Land [ceiling and Regulations] Act have overriding effect over all other lands and therefore the provisions of the said Act would prevail. Therefore notwithstanding the Amendment made to the Karnataka Land Revenue Act and Karnataka Town and Planning Act, the provisions of the Act will not be applicable.

[C] Because the Courts below have failed to properly appreciate that though the lands were agricultural lands the same have cased to be agricultural land by force of Statute. In view of the publication of the Comprehensive Development plan specifying the lands as for residential purpose, the land has become Urban land. Therefore there is no necessity of obtaining any order of conversion U/s 97 of the KLR Act or U/s 40 of KTCP Act.

[D] Because the courts below ought to have seen that in view of the fact that the lands have been specified for residential purpose in the Comprehensive Development Plan, the said land cannot be utilized for any other purpose. The lands are meant for non agriculture purpose and therefore the question of conversion does not arise.

[6] GROUNDS FOR INTERIM RELIEF

It is submitted that he demand for payment of the conversion fine is without jurisdiction the balance of convenience also lies in favour of the petitioners against the respondents. The petitioner have prima facie case on merits and are likely to succeed before this Hon'ble Court. It is in the interest of Justice and equity that the interim order as prayed for may be granted.

[7] MAIN PRAYER

It is., therefore most respectfully prayed that your Lordships may graciously be pleased to:-

(a) grant Special Leave to appeal against the Judgment and order dated 25-6-1997 passed by the Division Bench of the High Court of Karnataka at Bangalore in writ Appeal Nos. 138 of 1997.

(b) And pass such other order or orders as may be deemed fit and proper in the facts and circumstances of the case.

[8] INTERIM RELIEF:

(c) pass ad-interim ex-parte Order of stay of operation of the Judgment and Order dated 25-06-1997 passed by the High Court of Karnataka in Writ Appeal No. 138 of 1997 ;

(d) grant at interim exparte order of stay of the recovery of the conversion fine or part there of from the petitioners;

(e) and pass such other order/orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice and equity.

DRAWN BY FILED

(R.S. HEGDE) ADVOCATE (P.P. SINGH) ADVOCATE FOR THE PETITIONER

FILED ON: 17-3-1999.


CERTIFICATE

"Certified that the Special Leave Petition is confined only to the pleadings before the Court Tribunal whose order is challenged and the other documents relied upon in those proceedings. No additional facts, documents or grounds have been taken therein or relied upon in the Special Leave Petition. It is further certified that the copies of the documents/Annexures attached to the Special Leave Petition are necessary to answer the question of law raised in this petition or to make out ground in the Special leave Petition for considerations"

List of Dates [026.22A]