IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY

Transcription

1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF MARCH 2013 BEFORE THE HON BLE MR.JUSTICE RAM MOHAN REDDY WRIT PETITION NOS OF 2012 (LA-UDA) BETWEEN: 1. S K GOPAL KRISHNA S/O KULLEGOWDA, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT S K CHANDRE GOWDA S/O KULLEGOWDA, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT S G RANGE GOWDA S/O GIDDE GOWDA, AGED ABOUT 58 YEARS, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT GOVIND SHETTY S/O NARASIMHA SHETTY, KASABA HOBLI, HASSAN TALUK & DISTRICT JAVARE GOWDA S/O LATE THIMME GOWDA, SINCE DEAD BY LRS (A) JAVARAMMA W/O LATE THIMME GOWDA, (B) LAKSHMAMMA W/O LATE RAMANNA

2 - 2 - (C) GANGAMMA W/O LATE LAKSHMANA, R/O # 32, 7TH MAIN ROAD, 18TH CROSS, SAMPANGIRAMANAGAR, BANGALORE-27 (D) GIDDAMMA W/O LATE EERAPPA, (E) HONNEGOWDA S/O LATE JAVARE GOWDA (F) CHANDRE CHANDRANNA S/O LATE JAVARE GOWDA PETITIONERS 5(A),(B),(D) TO (F) ARE KASABA HOBLI, HASSAN TALUK & DISTRICT SMT PUTTAMMA W/O LATE RAJEGOWDA, AGED ABOUT 55 YEARS, KASABA HOBLI, HASSAN TALUK & DISTRICT PETITIONERS (BY SRI. KARIGOWDA HENCHINAMANE S, ADV.) AND 1. HASSAN URBAN DEVELOPMENT AUTHORITY P.B N. 133, B.M. ROAD, HASSAN REP. BY ITS CHAIRMAN 2. THE GOVERNMENT OF KARNATAKA REP.BY THE SECRETARY TO THE GOVERNMENT HOUSING & URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE THE PRESIDENT KARNATAKA STATE CRICKET ASSOCIATION, M CHINNASWAMY STADIUM, M G ROAD, BANGALORE-01

3 NISARGA EDUCATION TRUST(R) BHARATHI NURSING HOME R C ROAD, HASSAN REP BY PRESIDENT 5. ISKON & AKSHAYA PATHRA FOUNDATION RAJAJINAGAR,HAREKRISHNA HILL, WEST OF CHORD ROAD, BANGALORE 6. CHETAN NEURO CENTRE AND LABORATORY 1ST CROSS, SHANKAR MUTT ROAD, HASSAN CITY, HASSAN REP.BY ITS PROPRIETOR DR.AM. NAGESH 7. NETAJI RURAL DEVELOPMENT TRUST (R) NO. 212, SRI RANGANATH NILAYA NETAJI ROAD, VIDYANAGAR HASSAN REP. BY ITS MANAGING TRUSTEE MR K R SUSHEELA GOWDA 8. COMMANDANT BATTALION 5TH DIVISION, KARNATAKA STATE RESERVE POLICE LALITH MAHAL ROAD, MYSORE RAJIV GANDHI RURAL HOUSING CORPORATION LTD. 4TH FLOOR KHB COMPLEX, CAUVERY BHAVAN, BANGALORE PUBLIC WORKS DEPARTMENT HASSAN DIVISION, HASSAN CITY, HASSAN THE DEPOT MANAGER KARNATAKA STATE RURAL TRANSPORT CORPORATION, HASSAN DIVISION, HASSAN CITY, HASSAN RESPONDENTS (BY SRI. A RAVISHANKAR, ADV. FOR R1 SRI. VIJAYAKUMAR A. PATIL, HCGP FOR R2 R3 TO R11 DELETED AS PER COURT ORDER DT. 12/5/2012)

4 - 4 - THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED PUBLISHED IN THE KARNATAKA GAZETTE DATED AT ANNEXURE-J AND ALSO QUASH THE FINAL NOTIFICATION DATED PUBLISHED IN THE KARNATAKA GAZETTE DATED AT ANNEXURE-K IN SO FAR AS THE PROPERTIES OF THE PETITIONERS CONCERNED; DECLARE THAT THE SCHEME COVERED UNDER THE NOTIFICATIONS AT ANNEXURE-J & K HAS LAPSED AND FURTHER DIRECT THE FIRST AND SECOND RESPONDENTS TO RESTORE THE LANDS IN FAVOUR OF THE PETITIONERS ARE CONCERNED; AND ETC. THESE PETITIONS ARE COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R The grievance of the petitioners - land owners is over the issuance of the preliminary notification dt. 26/2/2002 and final notification dt. 3/12/2002 under Sec.17(1) and 19(1), respectively, of the Karnataka Urban Development Authorities Act, 1987, for short KUDA, in so far as it pertains to lands measuring 1 acre 6 guntas in Sy.No.88/1 of petitioners 1 and 2; Sy.No.55/3A measuring 19 guntas in respect of petitioner No.3; land measuring 13 and 15 guntas, respectively, in Sy.Nos.65/2A and 65/2B in respect of petitioner No.4; land measuring 2 acre 28 guntas and 1 acre 2 guntas, respectively, in Sy.No.89/5 and 89/6 in respect of petitioners 5(a) to 5(f) and; land measuring 1

5 - 5 - acre 6 guntas in Sy.No.88/1 of the 6 th petitioner. The acquisition of the lands amongst large tracts of land, in all measuring 394 acres 35 guntas is for the benefit of Hassan Urban Development Authority, for short HUDA, for formation of S.M.Krishna Nagar Layout. Petitioners have also sought for a declaration that the acquisition proceedings have lapsed. 2. Learned counsel for the petitioners submits that in identical circumstances in W.P.394/08 in Thirumalamma & Others vs. State & Others, along with connected petitions, a learned Single Judge by order dt. 2/1/2013, while upholding the validity of the acquisition proceedings and dismissing the petitions, nevertheless observed at paragraph 93 that the resolution of HUDA provides for taking the land and the land owners being entitled to developed land in the ratio of 60:40, provided the land owners who have collected the compensation, return the same together with interest at 9.5% p.a. until the date of return, and at paragraph 97 observed that it is at the option of the land owners to either take an alternative site or retain

6 - 6 - the compensation. Learned counsel submits that similar such relief be extended to the petitioners also. 3. Learned counsel for the 1 st respondent HUDA submits that these petitions be disposed of in the like directions as noticed in the aforesaid order. Learned government advocate too, has no objection for disposing of the petitions in terms of the said order. 4. Recording the submissions of the learned counsel, these petitions are disposed of in terms of the order dt. 2/1/2013 in W.P.394/08 and connected petitions. Rd/- Sd/- JUDGE