In the High Court of Karnataka at Bengaluru

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

Dated this the 13 th day of April, 2017

PRESENT:

THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE

AND

THE HON’BLE MR JUSTICE BUDIHAL R B

Writ Appeal Nos. 818-849 of 2014 (LA-RES) C/w Writ Appeal No. 958 of 2014 (LA-RES)

In Writ Appeal Nos. 818-849 of 2014

BETWEEN

1. (i) SEETHARAM S/O LATE BACHAPPA AGED ABOUT 38 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

(ii) SHEKAR SON OF LATE BACHAPPA AGED ABOUT 35 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAURA POST BENGALURU-560 062.

(iii) AMMAYAMMA W/O LATE ERA SWAMY AGED ABOUT 55 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

2. SMT. LAKSHMAMMA W/O LATE G.M. KRISHNAPPA AGED ABOUT 60 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

3. BOMMAIAH S/O LATE SAREKKAPPA AGED ABOUT 60 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

4. (i) NAGESHAPPA S/O LATE CHIKKASWAMY AGED ABOUT 58 YEARS

(ii) CHANDRASHEKAR S/O LATE CHIKKASWAMY AGED ABOUT 87 YEARS

BOTH ARE R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

5. THIPPAKKA W/O LATE MUNIYAPPA AGED ABOUT 63 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

6. KRISHNAPPA RETTAPPA S/O LATE RAMAIAH BY HIS SON, SRI K. REDDY AGED ABOUT 60 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

7. NARAYANAPPA S/O LATE LOLAPPA AGED ABOUT 58 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

8. MARAPPA SINCE DECEASED BY HIS LRS MUNIYAPPA S/O MARAPPA AGED ABOUT 63 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

a) NANJAMMA W/O LATE MUNIYAPPA AGED ABOUT 60 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560062

b) HARISH M S/O LATE MUNIYAPPA AGED ABOUT 40 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560 062

c) NAGARAJ M S/O LATE MUNIYAPPA AGED ABOUT 28 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560 062

d) MUNIRATHNA D/O LATE MUNIYAPPA AGED ABOUT 36 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560 062

e) PUSUPA D/O LATE MUNIYAPPA AGED ABOUT 32 YEARS RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560 062

APPELLANTS 8 (a) IS WIFE & APPELLANTS NO. 8 (b) TO 8 (e) ARE CHILDREN OF

LATE MUNIYAPPA ALL ARE RESIDENT OF VAJARAHALLY THALAGHATTAPURA POST BENGALURU-560 062

9. B.K. NAGARAJ S/O KEMPANNA AGED ABOUT 45 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

10. BYRANNA S/O LATE VAJRAPPA SINCE DECEASED BY LEGAL REPRESENTATIVES

(a) SAVITHRAMMA W/O LATE BYRANNA AGED ABOUT 68 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

(b) VAJRAPPA AGED ABOUT 28 YEARS S/O LATE BYRANNA R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

(d) NAGAVENI D/O BYRANNA AGED ABOUT 20 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

10. (ii) RAMAKKA W/O LATE KEMPANNA

AGED ABOUT 32 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

(iii) LAKSHMAMMA W/O LATE AKALAPPA AGED ABOUT 32 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

(iv) GOWRAMMA D/O LATE KEMPANNA AGED ABOUT 40 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

11. MUNITHAYAPPA S/O LATE ANNAYAPPA AGED ABOUT 55 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

12. JAYAMMA W/O LATE LAKSHMAIAH AGED ABOUT 60 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

13. NAGAMMA W/O B.C. KRISHNAPPA AGED ABOUT 55 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14. (i) VENKATAMMA W/O LATE MUNIRAMASWAMAPPA SINCE DECEASED BY LTs

14(i)(a) RATHNAMMA W/O LATE CHANDRASHEKAR AGED ABOUT 55 YEARS

R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(b) BYRANNA S/O LATE MUNIRAMASWAMAPPA AGED ABOUT 60 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(c) BHAGYAMMA W/O LATE GOPI AGED ABOUT 41 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(d) MANJUNATH W/O LATE MUNIRAMASWAMAPPA AGED ABOUT 54 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(e) NAGESH S/O LATE MUNIRAMASWAMAPPA AGED ABOUT 53 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(f) VENUGOPAL S/O LATE MUNIRAMASWAMAPPA AGED ABOUT 46 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(g) PRAKASH S/O LATE MUNIRAMASWAMAPPA AGED ABOUT 55 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(h) CHETAN S/O LATE CHANDRASHEKAR AGED ABOUT 34 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(i) B C SUNIL S/O LATE CHANDRASHEKAR AGED ABOUT 32 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(i)(j) YOGESH S/O LATE GOPI M AGED ABOUT 28 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

14(ii) PARVATHAMMA W/O LAKSHMANA MURTHY AGED ABOUT 70 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

15. A NANJAPPA S/O LATE AVALAPPA AGED ABOUT 55 YEARS R/A VAJARAHALLY THALAGHATTAPURA POST BANGALORE 560062

16. AKKALAPPA S/O LATE NARASIMHAPPA AGED ABOUT 61 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

17. MUNIRAJU S/O LATE NARASIMHAPPA AGED ABOUT 59 YEARS R/O VAJARAHALLI, THALAGHATTAPURA POST BANGALORE 560062

18. SMT. KAMALAMMA D/O LATE NARASIMHAPPA AGED ABOUT 56 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

19. SRI V.N. NARAYANASWAMY S/O LATE NARASIMHAPPA AGED ABOUT 55 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

20. SRI PUTTARAJU V.N. S/O LATE NARASIMHAPPA AGED ABOUT 53 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

21. SMT. CHANDRAMMA D/O LATE NARASIMHAPPA AGED ABOUT 51 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

22. SRI LOKESH S/O LATE NARASIMHAPPA AGED ABOUT 49 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062

23. SRI KEMPANNA S/O LATE NARASIMHAPPA AGED ABOUT 47 YEARS R/O VAJARAHALLI THALAGHATTAPURA POST BANGALORE 560062 .. APPELLANTS

(By Sri Udaya Holla, Senior Advocate, a/w Sri M S Rajendra, Advocate)

AND

1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT M.S. BUILDINGS DR. AMBEDKAR VEEDHI BANGALORE 560001

2. THE SPECIAL LAND ACQUISITION OFFICER VISVESHWARAIAH MINI TOWER DR. AMBEDKAR VEEDHI BANGALORE 560001

3. THE BANGALORE CITY COOPERATIVE HOUSING SOCIETY LIMITED REP. BY ITS SECRETARY SEETHAPATHI AGRAHARA CHAMARAJPET BANGALORE 560018

4. R.L.N. ACHAR S/O LATE KRISHNA ACHAR AGED ABOUT 73 YEARS R/A NO.17/7, DATTATREYA NAGAR BANASHAKARI 3RD STAGE BANGALORE 560085

5. SRI B. SAMPATH KUMAR AGE 52 YEARS S/O K.G. BETTEGOWDA NO.58, 6TH MAIN, 40TH CROSS JAYANAGAR 5TH BLOCK BANGALORE 560041

6. SRI RAJ REDDY KALLAM AGED 55 YEARS S/O LATE LAKSHAMA REDDY KALLAM NO.2008, TBCCHSL LAYOUT RAGHUVANAHALLI KANAKAPURA ROAD BANGALORE 560062

7. SRI KRISHNAPRASAD S.V. AGE 47 YEARS S/O VARADARAJU S.K.

NO.G5, SHARAVANTHI REGENCY 7TH CROSS, 2ND LANE, 1ST STAGE TEACHERS COLONY BANGALORE 560078

8. SRI SANTHOSH KUMAR AGE 46 YEARS S/O LATE SRISHYLA MURTHY R/O NO.2029, T.B.C.C.H.S. LAYOUT RAGHUVANAHALLI GATE KANAKAPURA MAIN ROAD BANGALORE 560062

9. SMT. S. SHRI VIDYA MAJOR R/O NO.2028, TBCCHS LAYOUT RAGHUVANAHALLI GATE KANAKAPURA MAIN ROAD BANGALORE 560062

10. SMT. B.V. VASANTHA MAJOR R/A FARM HOUSE DEVARAYANA SWAMY TEMPLE STREET DEVANAHALLI 562100

11. SRI G. RADHAKRISHNAN MAJOR S/O S. GANAPATHY NO.134, 17TH MAIN B.T.M. II STAGE BANGALORE 560076

12. SMT. NANDITHA H.K. MAJOR R/O NO.14/1 ANNAYAPPA GARDEN 3RD CROSS, JARAGANAHALLI BANGALORE 560062

13. SRI KRISHNAMURTHY RAJENDRA MAJOR S/O RAJENDRA NO.20, 12TH A CROSS HANUMAGIRINAGAR CHIKKALASANDRA MAIN ROAD BANGALORE 560061

14. SRI ROHIT THIMMAIAH MAJOR R/O NO.29, T.B.C.C.H.S. LAYOUT RAGHUVANAHALLI GATE SHANIMAHATHMA TEMPLE ROAD KANAKAPURA MAIN ROAD BANGLAORE 560062

15. SMT. M.G. RAMA AGE: 68 YEARS W/O GURUNATH M R/O NO.193 TULASI SHANKAR KRUPA 5TH MAIN ROAD, CHAMRAJPET BANGALORE 560018

16. SRI RUDRESHAPPA AGE: 72 YEARS S/O SIDDAMALLAPPA R/O NO.203, 13TH MAIN, R.B.I. LAYOUT J.P. NAGAR, 7TH PHASE BANGALORE 560078

17. SRI S.R. GURUMURTHY AGE 44 YEARS S/O RUDRESHAPPA R/O NO.203 13TH MAIN, R.B.I. LAYOUT, J.P. NAGAR, 7TH PHASE BANGALORE 560078

18. SMT. NEETU H.S. AGE: 37 YEARS W/O GURUMURTHY S.R. R/O NO.203, 13TH MAIN, R.B.I. LAYOUT, J.P. NAGAR, 7TH PHASE, BANGALORE 560078

19. SMT. RAJESHWARI S AGE 48 YEARS W/O B.SMAPATH KUMAR NO.58, 6TH MAIN, 40TH CROSS JAYANAGAR 5TH BLOCK BANGALORE 560041

20. SMT. A.V. SHUBHA SHANKAR AGED 65 YEARS

W/O A.G. VIDYA SHANKAR NO.125, SKANDA, 10TH MAIN ROAD, (OPP: V.S.G.TEMPLY) SHANKAR NAGAR MAHALAKSHMI LAYOUT BANGALORE 560096

21. DR. EHRAR HABEEB MAJOR D/O LATE MT. HUSSAIN PEER NO.1788, TBCCHS LAYOUT RAGHUVANAHALLI NEAR KANAKAPURA MAIN ROAD BANGALORE 560062

22. SMT. A.B. PADMAVATHI AGE: 59 YEARS W/O A.G. BALAJI GUPTA NO.507/2, 1ST FLOOR NEW DIAGONAL ROAD III BLOCK, JAYANAGAR BANGALORE 560011

23. SRI A.S. PRAMOD KUMARI AGE 60 YEARS W/O A.G. SUDHAKAR NO.40, 6TH CROSS, WILSON GARDEN BANGALORE 560027

24. SMT. B.S. CHANDRAKALA AGE: 63 YEARS W/O B.N. SAMPATH KUMAR NO.215, MIDDLE SCHOOL ROAD VISWESWARA PURAM BANGALORE 560004

25. SMT. K.R. SHANTHA MAJOR W/O D.N. RAMESH NO.491, SRI CHAKRA 5TH MAIN II BLOCK III STAGE, III BLOCK BANASHANKARI III STAGE BANGALORE 560085

26. SMT KRISHNA VENI 66 YEARS

W/O M.V. SRINIVAS MURTHY NO.774, 4TH MAIN 1 A BLOCK, II STAGE RAJAJINAGAR BANGALORE 560010

27. SMT. S.R. MAMATHA AGE: 42 YEARS W/O V.G. PRASANNAKUMAR R/O NO.4, 4TH CROSS RAMAIAH CITY J.P. NAGAR, 8TH PHASE BANGALORE 560078

28. G. NARASIMHA MURTHY MAJOR R/O CHIKKATHIRUPATHI POST MALUR KOLAR DISTRICT

29. RAMESH DASARI MAJOR 8-3-988/34/11, SBH COLONY 2 SRINAGAR COLONY HYDERABAD 500073 SITE NO.609

30. V.D. KESHAVA MURTHY S/O KATE V.M. DEVAPPA NAIK NO.14/4, OUT HOUSE MAJUNATH NILAYA NEAR RAGHAVENDRA TEMPLE MAGADI ROAD BANGALORE 560023

31. V. VISWANATHA HOLLA MAJOR R/O 17/4 1ST FLOOR, 5TH MAIN BSK 3RD PHASE, ITTAMADU BANGALORE 560085

32. MAEHSH M MAJOR R/O 17/4, BSK 3RD STAGE ITTAMADU BANGALORE 560085

33. A.R. MANOHAR MAJOR R/O NO.192/50 SHAKAR MUTT ROAD CHAMARAJAPET BANGALORE 5670018

34. A.R. PRADEEP MAJOR R/O SRI SAI KRUPA 14TH CROSS, 32ND MAIN J.P. NAGAR 1ST PHASE BANGALORE 560078

35. VINOD KUMAR MAJOR R/O 49/2, 1ST FLOOR, 10TH A MAIN 1ST BLOCK, JAYANAGAR BANGALORE 560011

36. JAYANTHI SHIVARAM MAJOR R/O 49/2, GROUND FLOOR 10TH A MAIN, 1ST BLOCK JAYANAGAR, BANGALORE 560011

37. DR. M.R.V. PRASAD S/O LATE RAGHAVA RAO AGED 71 YEARS NO.63, 3RD CROSS 3RD BLOCK, T.R. NAGAR BANGALORE 560028 SITE NO.1290

38. SRI B.S. NARENDRA S/O LATE H.A. SUBBA RAO AGED ABOUT 67 YEARS R/A NO.900/3 6TH MAIN, K.H.B. MAIN ROAD KAVALBYRASANDRA R.T. NAGAR POST BANGALORE 560032

39. S. RAGHAVENDRA RAO S/O LATE H.A. SUBBA RAO AGED ABOUT 64 YEARS

R/A NO.900/3 6TH MAIN, K.H.B. MAIN ROAD KAVALBYRASANDRA R.T. NAGAR POST BANGALORE 560032

40. B.S. BHASKAR RAO S/O LATE H.A. SUBBA RAO AGED ABOUT 58 YEARS R/A NO.900/3 6TH MAIN, K.H.B. MAIN ROAD KAVALBYRASANDRA R.T. NAGAR POST BANGALORE 560032

41. SMT. K. INDIRAMMA AGED ABOUT 71 YEARS W/O SHANKARA NARAYANA R/A NO.252, 7TH CROSS 7TH MAIN, RPC LAYOUT VIJAYANAGAR II STAGE BANGALORE 560040

42. SRI S. GOPAL KRISHNA AGED ABOUT 83 YEARS S/O LATE SRIKANTAIAH R/A NO.290 SRI RAGHAVENDRA KRUPA GODAVARI RIVER ROAD PIPELINE 5TH MAIN SRINAGAR BANGALORE 560050

43. SRI NAGESH G.N. S/O LATE NAGARAJ RAO G AGE: 61 YEARS NO.27, 8TH MAIN DATTATREYA NAGARA HOSKEREHALLI BSK 3RD STAGE BANGALORE 560085

44. SRI G.S. NAJUNDAIAH S/O G. SUBBAIAH AGE: 88 YEARS SURABHI, NO.49 3RD CROSS, AKSHYANAGARA

BEGUR POST BANGALORE 560068

45. SMT. DODDAMMANI W/O KRISHNAPPA H AGE: 58 YEARS NO.E-107, GOLDEN MAGIC BRIGADE GARDENIA RBI LAYOUT, J.P. NAGAR, 7TH PHASE BANGALORE 560078

46. SRI B. SIDDE GOWDA S/O BYREGOWDA AGE: 65 YEARS NO.262, 3RD MAIN ROAD ISRO LAYOUT BANGALORE 560078

47. SMT. JAYANTHI VISHNU PRASAD W/O VISHNU PRASAD AGE: 35 YEARS NO.192/20, SHANKARAMUTT ROAD CHAMARAJAPET BANGALORE 560018

48. SRI V.N. PRABHAKAR RAO S/O V.N. NARAYANA RAO AGE: 55 YEARS NO.544, SHASHWATHA 2DN CROSS, 29TH MAIN BTM LAYOUT, 2ND STAGE BANGALORE 560076

49. SRI ARVIND N S/O LATE NAGARAJ SHETTY AGE: 31 YEARS R/O SRI VENKATESHWARA NILAYA NO.42/14, 2ND MAIN ROAD MOUNT JOY EXTENSION HANUMANTH NAGARA BANGALORE 560019

50. SMT. H.S. GAYATHRI D/O LATE H.T. SUBBARAO AGE: 62 YEARS R/O RISHIKA ENCLAVE

SITE NO.64/65, FLAT NO.002 GROUND FLOOR, 3RD CROSS VITTAL NAGAR, 2ND PHASE ADJACENT TO ISRO LAYOUT BANGALORE 560078

51. SRI ASHOK A S/O K.N. BASAVEGOWDA MAJOR NO.56, 3RD MAIN, 1ST CROSS NEW KEMPEGOWDA LAYOUT KATRIGUPPA BANASHANKARI 3RD STAGE BANGALORE 560085

52. SMT. MEENAKSHI W/O SANGAMESH BADAVADGI MAJOR NO.2478, 7TH MAIN 7TH CROSS, R.P.C. LAYOUT (HAMPINAGAR), VIJAYANAGARA 2ND STAGE BANGALORE 560040

53. SMT. VIJAYALAXMI C.S. W/O B.Y. THIMMEGOWDA MAJOR, NO.57 3RD MAIN, 1ST CROSS NEW KEMPEGOWDA LAYOUT KATRIGUPPE, BSK 3RD STAGE BANGALORE 560085

54. SRI K.S. MADHUSUDANA S/O K.V. SHESHAGIRI 40 YEARS REP. BY HIS SPL. HOLDER K.V. SHESHAGIRI AGE: 86 YEARS S/O VENKOBARAO NO.202, VENKATAGIRI KUMBAR STREET, K.R. PURAM BANGALORE 560036

55. SRI VENKATESH S/O CHANNAIAH AGE: 70 YEARS NO.1101, SRI VENKATESHWARASWAMY NILAYA

BCCH SOCIETY LAYOUT BAYYANNAPALYA THALAGHATTAPURA POST KANAKAPURA MAIN ROAD BANGALORE 560062

56. SRI K.C. CHIDANAND S/O K.B. CHIKKABETTAIAH AGE: 33 YEARS NO.589, 1ST CROSS K.G. LAYOUT, 3RD BLOCK, 3RD PHASE BSK 3RD STAGE BANGALORE 560085

57. SMT. M. GANGAMMA W/O GOVINDA AGE: 52 YEARS R/O NO.31 KPA BLOCK, CHANDRA LAYOUT VIJAYANAGARA BANGALORE 560040

58. B.G. MANJUNATH S/O B. GUNDAIAH MAJOR R/O SOMPEKATTE HOSANAGARA TALUK SHIMOGA DISTRICT

59. GANESH MANE S/O G.S. MANE AGE 44 YEARS R/O C-001 TERRACE GARDEN APARTMENTS BSK 3RD STAGE, 3RD PHASE BANGALORE 560085

60. V.N. JAGADISHWARAN S/O V. NARAYANA IYER AGE 62 YEARS NO.1718, 31ST CROSS 13TH MAIN, BSK 2ND STAGE BANGALORE 560070

61. RAGHUNATH G S/O H.S. GOPINATH RAO AGE: 55 YEARS

NO.61, 13TH MAIN AGS LAYOUT, AREHALLI BANGALORE 560061

62. K.B. NARAYANA S/O K.N. BETTAIAH AGE: 66 YEARS NO.31, 4TH CROSS KALIDASA LAYOUT SRINAGARA BANGALORE 560050

63. SRINIVASA PRASAD K.A. S/O K.V ANANTHA KESHAVA AGE: 46 YEARS NO.730, 17TH CROSS 6TH PHASE, J.P. NAGAR BANGALORE 560078

64. SRI S.K. MURALIDHAR S/O S. KRISHNARAO AGE 49 YEARS R/O NO.106, 2 H MAIN ROAD 11TH BLOCK, 2ND STAGE NAGARBHAVI LAYOUT BANGALORE 560072

65. SRI C.S. MURALI S/O LATE C.S.S. MURTHY AGE: 57 YEARS R/O NO.678-B, SEETHA, 2ND STAGE 3RD PHASE, 8TH MAIN DOMLUR, BANGALORE 560 091

66. SRI H.S. PRAKASH S/O LATE H.V. SURYANARAYANARAO AGE: 60 YEARS R/O NO.7, A STREET EAST OF LINK ROAD MALLESHWARAM BANGALORE 560003

67. SRI K. KEMPARAJU S/O KEMPEGOWDA AGE 42 YEARS R/O NO.70, DESAI GARDEN VALLABHANAGARA

VASANTHAPURA MAIN ROAD BANGALORE 560062

68. SMT. JAYAMMA W/O KEMPEGOWDA AGE: 60 YEARS R/O NO.70, DESAI GARDEN VALLABHANAGARA VASANTHAPURA MAIN ROAD BANGALORE 560062

69. SRI RIZWANULLA S/O SRI ISMAIL KHAN AGED 54 YEARS R/O NO.6, LLAHI MANSION BASAVARAJ LAYOUT JARAGANAHALLI 6TH PHASE JEEVAN BHEEMA NAGAR BANGALORE 560078

70. MADHU SHANKAR NARAYAN W/O SHANKARA NARAYAN AGE: 48 YEARS NO.67, MOUNT JOY ROAD 1ST BLOCK EAST, JAYANAGARA BANGALORE 560011

71. SRI RATHNAGIRI SWAMYNATHAN S/O LATE R. SRINIVASAN AGE: 62 YEARS R/O NO.239/3, A CROSS BULL TEMPLE ROAD CHAMARAJPET BANGALORE 560018

72. SMT. SUGUNA SIMHA W/O K. G. JAYASIMHA AGED ABOUT 50 YEARS NO.766, SRI NIVAS 18TH MAIN, 36TH CROSS IV T BLOCK, JAYANAGAR BANGALORE 560041

73. SMT. S. PREMA W/O ANANTHA NARAYAN AGED ABOUT 71 YEARS NO.1553, 39TH F CROSS

18TH MAIN, JAYANAGAR IV T BLOCK, JAYANAGAR BANGALORE 560041

74. SMT. APARNA ANANTH W/O C.S. VISHWANATH AGED ABOUT 34 YEARS NO.1553, 39TH F CROSS 18TH MAIN, JAYANAGAR IV T BLOCK, JAYANAGAR BANGALORE 560041

75. SRI T.N. MURALIDHAR S/O T. NAGABHUSHAN AGED ABOUT 54 YEARS NO.259, 1ST CROSS HANUMANTHNAGAR BANGALORE 560019

76. DR. BHAGYANATHULU RAVINDRANATH S/O B.S. RAO, AGE MAJOR NO.610, 15TH CROSS, VI PHASE J.P. NAGAR, BANGALORE 560078

77. SRI T.N. ANANTHARAMU S/O T.R. NAGAPPA AGED ABOUT 70 YEARS NO.809, 19TH CROSS 16TH MAIN, BSK II STAGE BANGALORE 560070

78. SRI M.N. NARENDRA RAO S/O M.L. NARAYANA RAO AGED ABOUT 54 YEARS NO.88. R.V. ROAD BASAVANAGUDI BANGALORE 560004

79. SRI A.C. ARUN S/O A.R. CHARUDATHA AGED ABOUT 52 YEARS NO.40, PRANAM C.R. LAYOUT J.P. NAGAR I PHASE BANGALORE 560078

80. SMT. PUSHPALATHA K.R. W/O S.G. LAKSHMI NARAYAN

AGED ABOUT 60 YEARS NO.550, 2ND STAGE 11TH CROSS, NAGPUR MAIN ROAD WEST OF CHORD ROAD BANGALORE 560086

81. SRI SRINIVASA N S/O LAKSHMI NARAYANAN AGED ABOUT 44 YEARS NO.7, SRINIVASA NILAYA MUNISWAMAPPA GARDEN CHUNCHANAGHATTA VILLAGE UTTARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE 560062

82. SRI BALAJI PRASAD T.P. S/O PRASANNA KUMAR T.G. AGED ABOUT 49 YEARS PLOT NO.403, SURAKSHA RESIDENCY 4TH FLOOR, WHITE FIELD KONDAPUR, SARELINGAMPALI MANDAL HYDERABAD

83. SMT. SUJATHA CHANDRASHEKAR W/O R. CHANDRASHEKAR AGED ABOUT 64 YEARS NO.42, DOCTORS COLONY 2ND A CROSS, KONANAKUNTE BANGALORE 560062

84. SRI J. SHEKAR S/O T. JAYARAM AGED ABOUT 61 YEARS NO.491, BCCHS LAYOUT VAJARAHALLI, KANAKAPURA MAIN J.P. NAGAR BANGALORE 560062

85. SRI H.S. SHIVASHANKAR S/O H. SRIKANTAIAH AGED ABOUT 75 YEARS NO.82/32B, B MAIN 4TH CROSS, SARAKKI MAIN ARYA NAGAR VYSYA BANK COLONY J.P. NAGAR, 1ST PHASE BANGALORE 560078

86. SMT. ANNAPOORNA W/O H.S. NAGABHUSHANA MAJOR 100 FEET RING ROAD BANNERGHATTA ROAD BANGALORE 560076

87. SRI RAVIKUMAR J S/O PREMCHAND JAIN AGED ABOUT YEARS NO.120, 3RD MAIN 2ND STAGE, 1ST BLOCK RAJAMAHAL EXTENSION BANGALORE 560094

88. SRI M. HANUMANTHARAYAPPA S/O LATE MAHIMERAMGALAL AGED ABOUT YEARS NO.2591, 8TH MAIN, 17TH CROSS BSK II STAGE, BANGALORE 560070

89. SRI K.S. RAMANATHAN S/O LATE R. SRINIVASAIAH AGED ABOUT 69 YEARS FLAT NO.3E PAVAN PARDESI, 63/A, 1ST CROSS TYAGARAJANAGAR BANGALORE 560028

90. SMT. MADHU MATHI W/O RAGHOTHAM U.R. AGED ABOUT YEARS NO.274, SRINIVASA NAGAR BANGALORE 560050

91. SMT. BHAVANI V.L. W/O RAVIKUMAR AGED ABOUT 38 YEARS NO.41/1A, 3RD CROSS 3RD BLOCK, TYAGARAJANAGAR BANGALORE 560028

92. SMT. M.B. ROOPASRI D/O M.R. BALAJI AGED ABOUT 33 YEARS NO.109, BHARGAVI, 4TH BLOCK

4TH CROSS, R.T. NAGAR BANGALORE 560028

93. SRI. M.B.SHESHACHANDRA SON OF M.R.BALAJI, AGED ABOUT 43 YEARS, NO.109, BHARGAVI, 4TH BLOCK, 4TH CROSS, T.R.NAGAR, BANGALORE-560 028

94. SMT. RADHA NARAYAN WIFE OF NARAYAN M.R. AGED ABOUT 67 YEARS, NO.172/43, (UPSTAIRS), 5TH CROSS, II BLOCK, JAYANAGAR, BANGALORE-560 011

95. SMT. MANJULA WIFE OF R.SHESHAGIRI RAO, AGED ABOUT 76 YEARS, NO.183/2, 2ND MAIN, CHAMARAJPET, BANGALORE-560 018

96. SMT. NANDINI MURTHY WIFE OF MAJOR, NO.38, AKSHAYA, 7TH MAIN ARASWATHIPURAM, MYSORE.

97. SMT. B.P. LATHA WIFE OF C.J.BALASUBRAMANYA, AGED ABOUT 45 YEARS, NO.56, GURUKRUPA, 2ND MAIN, 3RD BLOCK, 3RD STAGE, WEST OF CHORD ROAD, BANGALORE.

98. SRI. RAMACHANDRA SHARMA KOTAGAL SON OF K.S.KRISHNA SHARMA, C/O S.MANJUNATHA, NO.12, 5TH CROSS, NAGAPPA STREET PALACE GUTTAHALLI, BANGALORE-560 003, REPRESENTED BY GPA HOLDER, K.S.KRISHNA SHARMA, SON OF K.SRINIVASA SHASTRI

99. SRI.D.NARASIMHAIAH PAI SON OF LATE DAMODARA PAL, AGED ABOUT YEARS, NO.B28, 1053, BDA QUARTERS, AUSTIN TOWN, 2ND STAGE, NEELASANDRA, BANGALORE-560 047

100. SRI. NAGARAJ CHIKKAGOWDA, SON OF K.H.CHIKKA GOWDA, AGED ABOUT 42 YEARS, NO.317, 2ND MAIN, 4TH STAGE, BEML LAYOUT, RAJESHWARAI NAGAR, BANGALORE-560 098

101. SRI. P.N.KOUSHIK SON OF HRS NAGARAJU, AGED ABOUT 53 YEARS, NO.778, 34 A CROSS, 9TH MAIN, 4TH BLOCK, JAYANAGAR, BANGALORE-560 041

102. SRI. DEEPAK NAYAK SON OF B.H.NAYAK, AGED ABOUT 33 YEARS, NO.2018, GROUND FLOOR, 18TH A MAIN, J.P.NAGAR 2ND PHASE, BANGALORE-560 078.

103. SRI. B.R.SHANKAR SON OF RAMASHESHAIAH, AGED ABOUT 57 YEARS, NO.279, 1ST FLOOR, 100 FEET RING ROAD, KATRIGUPPA, BSK 1ST STAGE, BANGALORE-560 070

104. SRI. H.BASAVESHA SON OF M.B.HOSA GOUD, AGED ABOUT 37 YEARS, NO.1198/76, 6TH MAIN, D BLOCK, AECS LAYOUT, KUNDALAHALLI, BANGALORE-560 037

105. SRI. ANIL KUMAR MURALI SON OF T.R.NAGAPPA,

AGED ABOUT 35 YEARS, NO.53/1, 1T MAIN, 9TH CROSS, V.V.NAGAR, VASANTHPUR, BANGALORE-560 061

106. SRI. DATTATRI V. SON OF VENKATESHAN, AGED ABOUT 58 YEAR, NO.2335, 20TH CROSS, BSK II STAGE, BANGALORE-560 070.

107. SRI. SATHISH KUMAR NARULE SON OF ASHOK RAO NARULE, AGED ABOUT 38 YEARS, NO.53/1, 9TH CROSS, 1ST MAIN, VASANTHA VALLABA NAGAR, BANGALORE-560 061.

108. SMT. ASHA B.S. WIFE OF B.A. SRIDHAR, AGED ABOUT 55 YEARS, NO.2333, 20TH CROSS, 39TH F CROSS, BSK II STAGE, BANGALORE-560 07.

109. SRI. ABHIJITH S. SON OF SHASHIDHARA, AGED ABOUT 28 YEARS, NO.70, 11TH MAIN, ROAD, 1ST BLOCK, JAYANAGAR, BANGALORE-560 0141.

110. SMT. B.S.GIRIJA WIFE OF N.SHASHIDHARA, AGED ABOUT 61 YEARS, NO.70, 11TH MAIN ROAD, 1ST BLOCK, JAYANAGAR, BANGALORE-560 041.

111. SMT. PREETHI VIDYANANDA WIFE OF VIDYANANDA, AGED ABOUT 50 YEARS, NO.1812, (1568) 39TH F CROSS, 4TH T BLOCK, JAYANAGAR, BANGALORE-560 041.

112. SMT. GIRIJA SHANKAR (GPA HOLDER) WIFE OF GOWRISHANKAR, AGED ABOUT 65 EYARS, NO.1812(1568), 39TH F CROSS, 4TH BLOCK, JAYANAGAR, BANGALORE-560 041.

113. SMT. SOWMYA M.KUMAR WIFE OF K.V.MANJUNATH KUMAR, AGED ABOUT 30 YEARS, RESIDENT OF NO.1923, 5TH CROSS, 20TH MAIN, J.P.NAGAR II PHASE, BANGALORE-560 078.

114. SMT.S.PRABA MURTHY AGED 52 YEARS, WIFE OF J.SRIKANTAMURTHY, DOCTORS COLONY, 1ST MAIN, 1ST CROSS, DODDAKALLASANDRA POST, KONANAKUNTE, BANGALORE-560 062.

115. K.N.SURYA NARAYANA RAO AGED 62 YEARS, SON OF K.S.NAGARAJA RAO, RESIDENT OF NO.49, 6TH MAIN, BTM LAYOUT, 2ND STAGE, BANGALORE-560 076.

116. J.S.S. ARLAND AGED 37 YEARS, SON OF JAYARAMAN C.A. F-3, V.R. APARTMENT, (OPP TO RAPSRI ENGINEERING) UTTARAHALLI MAIN ROAD, BANGALORE-560 061.

117. S.G.SRIDHAR SON OF S.GOPALA KRISHNAN, AGED 42 YEARS, NO.290, SREE RAGHAVENDRA KRUPA, PIPELINE ROAD, I CROSS, SRINAGAR, BANGALORE-560 050.

118. DR.S.N. SATHYANARAYANA SON OF LATE SONTHA NEELAKANTAPPA &

SHARADA SHETTY, AGED ABOUT 67 YEARS, NO.775, 1T FLOOR, 53RD MAIN, 25TH CROS, KUMARASWAMY LAYOUT, BANGALORE-560 078.

119. SRI. AVINASH ADIGA AGED 32 YEARS, SON OF RANGAYYA ADIGA, NO.18, NANDA DEEPA, VITTAL NAGAR, NEAR ISRO LAYOUT, BANGALORE.560 078.

120. S.N. RAMESH SON OF LATE S.NANJUNDAIAH, NO.70, 11TH IV MAIN, V BLOCK, JAYANAGAR, BANGALORE-560 011.

121. DEEPA N SHET WIFE OF NAGESH N SHET, REPRESENTED BY HER GPA HOLDER SRI. NAGESH N SHET, NO.854/83, IST FLOOR, 14TH CROSS, MAHALAKSLUNI LAYOUT, BANGALORE-560 086.

122. M.R. PARTHASARATHY AGED 71 YEARS, SON OF LATE RAJAGOPALAN M.N, NO.173/43, 1ST BLOCK, JAYANAGAR, BANGALORE-560 011.

123. M.P. RAJAGOPAL AGED 52 YEARS, SON OF M.PARTHASARATHY, NO.173/43, 5TH CROSS, 1ST BLOCK, BANGALORE-560 011.

124. AMBIKA RAJAGOPAL PADALD. WIFE OF P.RAJAGOPAL, NO.70/2, 8TH MAIN, MATHIKERE EXTENSION, BANGALORE-560 054.

125. GOWN RAJARAM WIFE B.K.RAJRAM,

NO.69, 11TH B MAIN, 5TH BLOCK, JAYANAGAR, BANGALORE-560 070.

126. B.S. SATHYANARAYANA SON OF SURYANARAYANA RAO, NO.62, 5TH CROSS, HANUMANTHANAGAR, BANGALORE-560 019.

127. SMT. NAGAMANI AGED 61 YEARS, WIFE OF C.N.GOVINDARAJU, NO.20, 1ST CROSS, BRINDAVAN LAYOUT, HORAMAVU, NEAR GANDHI STATUE, BANGALORE-560 043.

128. SMT. C.R.SWAROOP KISHAN, AGED 35 YEARS, DAUGHTER OF SRI. C.V. RAGHAVACHARI, NO.2, NARASI APARTMENT, NO.3, LIC COLONY, YESHWANTPUR, BANGALORE-560 022.

129. K.B.S. RAMACHANDRA REPRESENTED BY HIS GPA HOLDER RAMA VISHNU HEBBAR, 16TH MCR EXTENSION, 18TH CROSS, VIJAYANAGAR, BANGALORE-560 040.

130. SMT. LAKSLUNI BHAT AGED 52 YEARS, WIFE OF GANAPATHI ANANTHA BHAT, NO.38/A, (OPP MOTHER DAIRY), YELAHANKA NEW TOWN, BANGALORE-560 041.

131. SMT. P.GEETHA P BHAT AGED 55 YEARS, WIFE OF PRABHAKAR N BHAT, NO.1859, 11TH A MAIN, 4TH T BLOCK, JAYANAGAR BANGALORE-560 041.

132. SRI.RAMACHANDRA K.B.S. SON OF S.G.BHAT, NO.166, MCR EXTENSION 18TH CROSS, VIJAYANAGAR, BANGALORE-560 040.

133. SRI. JAYASHREE BHAT AGED 52 YEARS, WIFE OF K.S.BHAT, NO.166, SRIGIRI, MCR EXTENSION, P.O. ROAD, VIJAYANAGAR, BANGALORE.

134. R.RAJANI, WIFE OF SRI.G.RAGHU, NO.1278, 27TH MAIN, 8TH CROSS, 1ST PHAE, J.P.NAGAR, BANGALROE-560 070.

135. S.CHANDRASHEKAR AGED 65 YEARS, SON OF SHIVASHASTRY NO.766, SRINIVAS, 18TH MAIN, 36TH CROSS 4TH T BLOCK, JAYANAGAR BANGALORE-560 041.

136. SRI.S.SRIKANTA AGED 61 YEARS, SON OF LATE SHIVASHASTRI NO.766, SRINIVAS, 18TH MAIN, 36TH CROSS, 4TH T BLOCK, JAYANAGAR, BANGALORE-560 041.

137. SRI. N.S.GIRISH AGED 35 YEARS, SON OF SHANKARA NARAYAN, REPRESENTED BY HIS GPA HOLDER, SRI.SHANKAR NARAYAN, NO.3506/A 6TH CROSS, GAYATHRINAGAR SUBRAMANYAPURAM POST, BANGALORE-560 021.

138. SRI. H.R.SUBRAMANYA AGED 41 YEARS, SON OF LATE H.S.RACHANDRAIAH, NO.38, 2ND A CROSS, 1T MAIN, DOCTORS COLONY,

KONANAKUNTE BANGALORE-560 062.

139. SRI.P.V.RAGHAVENDRACHAR AGED 76 YEARS, SON OF LATE P.R.VENKATARAMANA, NO.8, 14TH CROS, MAHALAKSHMI LAYOUT, BANGALORE-560 086.

140. SRI.V.RAVI AGED 50 YEAR, C/O M.C.VASUDEVA RAO, NO.19, VALLABHANAGAR, VASANTHPUR, BANGALORE-560 061.

141. SMT. H.V.PADMA WIFE OF LATE H.V.VENKATESHAIAH, AGED 76 YEARS, NO.42/3, EAT ANJANEYA TEMPLE STREET, BASAVANAGUDI, BANGALORE-560 004.

142. SMT. M. SUSHEELA WIFE OF SRI.K.V.NARESH, AGED 57 YEARS, SRI. SAIGANGA, NO.896/1, OUT HOUSE, E FLOOR, 19TH MAIN, BSK 2ND STAGE, BANGALORE.

143. SRI. LAXMAIAH SON OF BAVANNA, AGED 59 YEARS, NO.17/1, KEMPANNA CROSS, BANASHANKARI TEMPLE ROAD, MAYALLI, BANGALORE-560 004.

144. SMT. DIVYA C. WIFE OF DEEPAK RUDRAIAH, AGED 31 YEARS, NO.3944 B, 17TH D CROSS 4TH MAIN, BSK 2ND STAGE BANGALORE-560 070.

145. SRI. HANUMANTHA RAO SON OF MANIKRAO, AGED 54 YEARS, NO.138, 4TH MAIN,

9TH CROSS, CHAMARAJPET, BANGALORE-560018.

146. SMT. A.N.SUVARNA MUKHI WIFE OF VENKATANARAYANA RAO, AGED 61 YEARS, NO.62/1, 6TH CROS, 5TH MAIN, 3RD BLOCK, T.R.NAGAR, BANGALORE-560 028.

147. SMT. UMA.S. DAUGHTER OF LATE SHANKARAM M. AGED ABOUT 54 YEARS, RESIDING AT NO.239/3/1, B.T.ROAD, CHAMARAJPET, BANGALORE-560 018.

148. SMT. GEETHA BAI H.S. WIFE OF MADHURANATH, AGED 32 YEARS, RESIDENT OF NO.228/2 5TH MAIN, KEMPEGOWDANAGAR, BANGALORE-560 019.

149. SMT. PREMAKUMARI B.S. WIFE OF SRIKANTA SHARMA, AGED 64 YEARS, RESIDENT OF NO.785, 20TH MAIN, 36TH A CROSS 4TH T BLOCK, JAYANAGAR BANGALORE-560 041.

150. SMT. KALPANA J RAO WIFE OF JAGADISH RAO, AGED 47 YEARS, NO.416, 5TH CROSS, 4TH MAIN, J.P. NAGAR, 3RD PHASE BANGALORE-560 056, REPRESENTED BY HER GPA HOLDER SRI. AKSHAY J RAO, SON OF JAGADISH RAO C.S. AGED 18 YEARS, RESIDENT OF NO.B.1402, MANGOLIA BLOCK, BRIGADE MILLENNIUM, J.P.NAGAR, 7TH PHASE, BANGALORE-560 058.

151. SRI. LAKSHMIKANTH KULKARNI SON OF MANIK RAO, AGED 64 YEARS, NO.77, 8TH BLOCK, NAGARABHAVI 2ND STAGE, BANGALORE-560 072.

152. SMT. HEMA RAVI WIFE OF SRI.D.K.RAVI, AGED ABOUT 53 YEARS, RESIDENT NO.110, PADMA NILAYA, 16TH CROS, 8TH MAIN, J.P.NAGAR, 4TH PHASE, BANGALORE-560 078.

153. SMT. V PADMA REKHA WIFE OF SRI. K.V.RAJEEVALOCHANA, AGED ABOUT 53 YEARS, RESIDENT OF NO.1135, SRINIVASA NILAYA, 11TH MAIN, RPC LAYOUT, VIJAYANAGAR, BANGALORE-560040.

154. SRI. KIRAN KUMAR B. SON OF SRI. C.S.BALAMUKUNDA, CURRENTLY RESIDENT OF NO.44, SAMA BUILDING, AL ITHUWAIR, MUSCAT SURAFFLE OF OMAN, REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY SRI.B.S.VENKATANARASAIAH.

155. SRI. K.S. ASHWATHNARAYANA RAO SON OF LATE SRI. SURAPPA, AGED ABOUT 69 YEARS, RESIDENT OF NO.108/B, YASHAS, 7TH A MAIN, 3RD CROSS, T.R.NAGAR, BANGALORE-560 028.

156. MS. VASANTHA B.V. DAUGHTER OF B.V.VARADACHAR, R/O MARALUBAGILU FARM HOUSE, II DIVISION, DEVANAHALLI TOWN, BANGALORE RURAL DISTRICT.

157. MS. S.JYOTHI DAUGHTER OF SRI.SRINIVAS,

AGED ABOUT 36 YEARS, RESIDENT OF NO.681, 9TH MAIN, 10TH CROSS,VIJAYANAGAR, 1ST STAGE, MYSORE-570 017.

158. SMT. INDIRA SHIVARAM WIFE OF SRI. SHIVARAM, AGED ABOUT 43 YEARS, RESIDENT OF NO.681, 9TH MAIN, 10TH CROSS, VIJAYANAGAR, 1ST STAGE, MYSORE-570 017.

159. SRI. V.N.KIRAN SON OF VASANTHALAKSHMI, AGED ABOUT 40 YEARS, RESIDENT OF NO.1583/A, 26TH CROSS, 30TH MAIN, BSK II STAGE, BANGALORE-560 070.

160. K.S. KAVYA SHREE WIFE OF SRI. DHARSHAN RANGEGOWDA, RESIDENT OF NO.451, INCHARA, 11TH MAIN, 6TH CROSS, CANARA BANK LAYOUT, VIDYARANYAPURA POST, BANGALORE-560 097, REPRSENTED BY HER DULY CONSTITUTED ATTORNEY SRI. K.K.SHIVALINGAIAH.

161. SRI. GIRISH S. SON OF C. SHIVASHANKAR, AGED ABOUT 38 YEARS, RESIDENT OF NO.33, 3RD MAIN, HANUMANTHANAGAR, OPP. VIJAYA BANK, BANGALORE.

162. DR. PRASHANTH RAMALCRISHAN KESHAV SON OF SRI. DR. P.K RAMAKRISHNA RAO, AGED ABOUT 42 YEARS, RSIDENT OF NO.4985, CHESTNUT HILL, MANSION DRIVE, OHIO, 45040, USA, REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY, DR. P.K.RAMAKRISHNA RAO,

163. SMT. SHUBHA SHESHADRI WIFE OF RAVI.R. RESIDENT OF NO.19 1ST A CROSS, SBM COLONY, BANGALROE-560050.

164. SRI.S.VENKATESH SON OF A.V.SESHA IYENGAR, AGED 56 YEARS, REIDENT OF NO.7075, BENNINGTON WOODS DRIVE, PITTSBURG, USA, 15237, REPREENTED BY HIS GPA HOLDER SMT. SHYAMALA, AGE 62 YEARS, WIFE OF K.S ANANTHARAJ, RESIDENT OF NO.192/19 SHANKARMUTT ROAD, CHAMARAJPET BANGALORE-560 018.

165. SRI. PRASANNA L.C. AGE 44 YEARS, SON OF HSL MURTHY, NO.32, SRI.KESHAVA, 3RD CORSS, 1ST MAIN SAMRUDDHI LAYOUT, SUBRAMANYAPURA POST BANGALROE-560 061.

166. SMT. AMUDHA S. AGE 42 YEARS, WIFE OF R. THYAGARAJAN, NO.778, 25TH CROSS, 53RD MAIN KUMARASWAMY LAYOUT, 1T STAGE, BANGALROE-560 078.

167. DR. B.N.SOMASHEKAR AGE 58 YEARS, SON OF N. NARASIMHA RAO, NO.14/1, OBALAPPA STREET CHIKKAMAVALLI, BANGALORE-560 004.

168. SRI.B.N. MOHAN KUMAR AGE 56 YEARS,

SON OF N.NARASIMHA RAO, NO.11/2, OLD KASI CROSs ROAD (MINERVA CIRCLE),. DODDAMAVALLI, BANGALORE-560 004.

169. SMT. GEETHA AGE 50 YEARS, WIFE OF B.N.MOHAN KUMAR, NO.11/2, OLD KASI CROSS ROAD (MINERVA CIRCLE), DODDAMAVALLI, BANGALORE-560 004.

170. SRI.M. MAHADEVAIAH AGE 46 YEARS, SON OF K. MUNIYYAPPA, NO.4, 4TH MAIN, 12TH CROSS HANUMAGIRI NAGAR, PADMANABHA NAGAR BANGALORE-560 026.

171. SRI. B.SANTHAPPA AGE 52 YEARS, SON OF LATE SUBBARAYA GOWDA, NO.W-4, WMS COMPOUND 47TH CROSS, 9TH MAIN ROAD 5TH BLOCK, JAYANAGAR, BANGALORE-560 041.

172. SRI. PRASHANTH BHAT AGE 33 YEARS, SON OF B.G.BHAT, NO.005, SAI CHARITHA APARTMENTS, NANDANAVANAM LAYOUT, VIDYARANYAPURA POST BANGALORE-560 007.

173. SRI. BHAKTHAVATSALA AGE 42 YEARS, SON OF SRI. NARAYANA G-4, NANDA RESIDENCE 1ST MAIN ROAD, PRASHANTH NAGAR EXTENSION, BANGALORE-560 078.

174. SMT. GEETHA PAI M. WIFE OF SRI. SURESH PAI V. AGE 58 YEARS, NO.58, OLD NO.68,

MAHA MAYA 6TH MAIN, 2ND CROSS, 4TH BLOCK THYAGARAJNAGAR, BANGALORE-560 028.

175. SRI. B.RABINDRA BHAT SON OF LATE MUKUNDARAYA BHAT, AGE 71 YEARS, NO.37, KATHYAYANI, 15TH MAIN 17TH CROSS, PADMANABHANAGAR, BANGALORE-560 070.

176. RAMACHANDRA SHANBHOG SON OF LATE SESHAGIRI SHANBOG, AGE 56 YEARS, NO.190, 2ND BLOCK, SRIRAM ROAD THYAGARAJANAGAR, BANGALORE-560 028

177. K.M.BOPPAIAH AGED ABOUT 53 YEARS, SON OF LATE K.J.MEDAPPA, RESIDENT OF NO.120 BALACHANDRA LAYOUT, II CROSS, BABUSAPALYA, KALYANA NAGAR, BANGALORE-560 043.

178. SRI.K.G.VALLABHA RAMU AGED ABOUT 57 YEARS, SON OF LATE K.GUNDU RAO, RESIDENT OF NO.576, 1ST MAIN, NAGENDRA BLOCK BSK 1ST STAGE, BANGALORE-560 050.

179. SRI.K.UMESH BABU AGED ABOUT 43 YEARS, SON OF LATE K.V.KRISHNAPPA, R/O NO.4195, 1ST MAIN ROAD, SUBRAMANYANAGAR, BANGALORE-560 021.

180. SRI. K.SRINIVASA ACHARYA AGED ABOUT 67 YEARS, SON OF LATE VENKATARAMAN ACHARYA, RESIDENT OF NO.305,

7TH MAIN, 10TH CROSS ISRO LAYOUT, BANGALORE-560 078.

181. SMT. PRABHAVATHI AGED 54 YEARS, D/O RAMACHANDRAIAH, RESIDENT OF NO.637, 6 TH CROSS, HANUMANTHANAGAR, BANGALORE-560 019.

182. SRI.C.S.NAGARAJAN AGED ABOUT 62 YEARS, SON OF C.S. SREEKANTAIAH, RESIDENT OF NO.252, 17TH MAIN, II CROSS, II BLOCK, BSK I STAGE, BANGALORE-560 050.

183. SMT. BHAVANI AGED ABOUT 46 YEARS, D/O C.S.SHIVARAMAIAH, D/O ROOPKUMAR, RESIDENT OF NO.94-1 8TH CROSS ROAD, RAJAMAHAL VILAS EXTENSION, BANGALORE-560 080.

184. SRI.M.V. SREENIVASA AGED ABOUT 68 YEARS, SON OF VIJENDRA RAO, RESIDENT NO.1/B, 6TH CROSS, LIC COLONY (JPH), III BLOCK EAST, JAYANAGAR, BANGALORE-560011.

185. SMT. B.R.MANJULAMBA AGED ABOUT 32 YEARS, DAUGHTER OF RAMACHANDRAIAH, RESIDENT OF NO.9, ST STREET MARUTHI NAGAR, NEW MADIWALA EXTENSION, BANGALORE-560 068.

186. SMT. G.K.SOWBHAGYA AGED ABOUT 54 YEARS, D/O LATE G.N.KRISHNA MURTHY, R/O NO.523, 53RD CROSS

3RD BLOCK, RAJAJINAGAR, BANGALORE-560 010.

187. SRI. N.L.RAVICHANDRA AGED ABOUT 58 YEARS, SON OF LATE N.LAKSHMINATHAN, RESIDENT OF NO.2974, 13TH MAIN, MARIYAPPANAPALYA, II STAGE RAJAJINAGAR, BANGALORE-560 021.

188. SMT. B.R.HAMSAVENI AGED ABOUT 50 YEARS, WIFE OF K.G.VALLABHA RAMU,. R/O NO.576, 1ST FLOOR, NGENDRA BLOCK, BANASHANKARI I STAGE, BANGALORE-560 050.

189. SMT. KUSUMA RAMESH AGED ABOUT 50 YEARS, WIFE OF SRI. U.K.RAMESH, RESIDENT OF NO.25TH MAIN, 18TH CROSS, MALLESHWARAM, BANGALORE-560 055.

190. SRI.T.S. JAYARAMAN AGED ABOUT 74 YEARS, SON OF LATE T.N.SRINIVAS MURTHY, RESIDENT OF NO.97-A FIRST FLOOR, KGE LAYOUT, NEW BEL ROAD, DEVASANDRA, BANGALORE-560 094.

191. SRI.V.SUBBARAYA HOLLA AGED ABOUT 76 YEARS, SON OF LATE KRISHNA HOLLA, RESIDENT OF NO.309, PRAMODA, 3RD CORSS, 6TH MAIN, N.R.COLONY, BANGALORE-560 019.

192. SMT. T.D.BHARATHI AGED ABOUT 58 YEARS, WIFE OF T.R. DWARAKANATH, RESIDENT OF NO.34, SURVEYOR STREET, BASAVANAGUDI, BANGALORE-560 004.

193. SMT. UMA AGED ABOUT 38 YEARS,

RESIDENT OF NO.1178, 7TH MAIN ROAD, RPC LAYOUT, VIJAYANAGAR II STAGE, BANGALORE-560 040.

194. SRI.RAMACHANDRAIAH M. SON OF RAMALINGAIAH, AGED ABOUT 62 YEARS, RESIDENT OF NO.25, DODDAMAVALLI, SUSHEELA ROAD ANJANEYA TEMPLE STREET, BANGALOE-560 004.

195. SRI.B.S.PRASHANTH AGED ABOUT 36 YEARS, SON OF D.R.ANANTHA MURTHY, RESIDENT OF NO.43, 31ST MAIN ROAD, ITI LAYOUT, J.P.NAGAR, IST PHASE, BANGALORE-560 078. BY HIS GPA HOLDER, SRI.D.R.ANANTHAMURTHY.

196. SRI. A.N.ANANTHA MURTHY AGED ABOUT 57 YEARS, SON OF PANDITH A.N.NAGAPPA, RESIDENT OF NO.1960, KAMALA, SRI.SHANI MAHATHMA TEMPLE STREET, BCCHS LAYOUT, RAGHUVANAHALLI, KANAKAPURA ROAD, BANGALORE-560 062.

197. SRI.N.M. SRIKANTA AGED ABOUT 60 YEARS, SON OF M.MYLARAIAH, RESIDENT OFNO.1967, VARNITA, BCCHS LAYOUT, RAGHUVANAHALLI, KANAKAPURA ROAD, BANGALORE-560 062.

198. SRI.N.ANANTHA PADMANABHA SON OF LATE S.NARAYANA RAO, RESIDENT OF NO.1762, GURUKRUPA OP RMAIAH GARDEN, BCCHS LAYOUT, VAJARAHALLI, KANAKAPURA MAIN ROAD, BANGALORE-560 062.

199. SRI.H.S.CHANDRASHEKAR AGED ABOUT 59 YEARS, SON OF LATE H.N.SRINIVASA RAO, R/O NO.252, BCCHS LAYOUT, VAJARAHALLI, TALAGHATTAPURA POST, KANAKAPURA ROAD, BANGALORE-560 062.

200. SRI. MALATHESHA NADIGER AGED ABOUT 65 YEARS, SON OF LATE SUBBA BHATT PUJAR, RESIDENT OF NO.261, BCCHS LAYOUT, VAJARAHALLI, KANAKAPURA ROAD, BANGALORE.-560 062.

201. SRI. PADMANABHA SHIMANTHUR RAO AGED ABOUT 69 YEARS, SON OF LATE S. DASAPPAYYA, RESIDENT OF NO.1303, BCCHS LAYOUT, VAJARAHALLI OFF:KANAKAPURA ROAD, TALAGHATTAPURA POST, BANGALROE-560 062.

202. SMT. DR. REVATHI RANGARAJ AGED ABOUT 59 YEARS, WIFE OF DR.C.S. RANGARAJ, RESIDENT OF NO.241, BCCHS LAYOUT, VAJARAHALLI, KANAKAPURA ROAD, BANGALORE-560 062.

203. SRI. HASUMKHLAL AGED ABOUT 38 YEARS, SON OF CHAINRAJ, RESIDING AT NO.6/1, RATNA VILAS ROAD, BASAVANAGUDI, BANGALORE-560 004.

204. SRI C. ARUN KUMAR AGED ABOUT 49 YEARS S/O M. CHAINRAJ R/A NO.6/1, RATNA VILAS ROAD BASAVANAGUDI BANGALORE 560004

205. SRI MANJU AGED ABOUT 44 YEARS

W/O GAJENDRA SINGH R/A NO.18, LAKSHMI ROAD SHANTINAGAR, BANGALORE 560027

206. SRI M. MOHANLAL AGED ABOUT 63 YEARS S/O LATE M. MANIKLAL R/A NO.6/4, RATNA VILAS ROAD BASAVANAGUDI BANGALORE 560004

207. SRI SURENDRA KUMAR AGED ABOUT 46 YEARS S/O M. KUSHALRAJ C/O M.K. ELECTRIC CO. V.S. LANE, CHICKPET BANGALORE 560053

208. SRI K. MAHENDRA KUMAR AGED ABOUT 48 YEARS S/O M. KUSHALRAJ C/O M.K. ELECTRIC CO. V.S. LANE, CHICKPET BANGALORE 560053

209. SMT. PUSHPADEVI PARAKH AGED ABOUT 64 YEARS W/O LATE TARACHAN PARAKH R/A NO.214, 1ST MAIN, G CROSS SHARADA COLONY, NEAR MONKEY PARK BASAVESHWARANAGAR BANGALORE 560070

210. SRI SATHISH KRISHNA MURTHY S/O LATE C.S. KRISHNA MURTHY AGED ABOUT 41 YEARS R/A NO.123, 5TH MAIN 5TH CROSS, PADMANABHANAGAR BANGALORE 560070

211. SRI T.R. SHOBA W/O S.R. SHAM AGED ABOUT 56 YEARS R/A NO.17, 3RD CROSS 6TH C MAIN, TATA SILK FARM BANGALORE 560028

212. SMT. MEENA S SINGH W/O DR. B.K. SADASHIVA SINGH AGED ABOUT 51 YEARS R/A NO.579, SRI JAYALAKSHMI NIVAS 100 FEET ROAD, HAL 2ND STAGE INDIRANAGAR BANGALORE 560038

213. SRI SOMASHEKAR A.V. S/O LATE A. VENKATARAMAIAH AGED ABOUT 57 YEARS NO.145/C, I (N) BLOCK 5TH CROSS, RAJAJINAGAR BANGALORE 560010

214. SMT. SHARADA SHANKAR W/O SRI SHANKAR AGED ABOUT 53 YEARS NO.9, BELAKU, 4TH CROSS, 1ST MAIN GAURAVANAGAR, J.P. NAGAR 7TH PHASE, BANGALORE 560078

215. SMT. B. SHIMSHA W/O Y.S. NAVEEN AGED ABOUT 35 YEARS R/A NO.690/S, 12TH CROSS 15TH MAIN, J.P. NAGAR BANGALORE 560078

216. SRI SHASHANK S/O SRI BRAHMASURAIAH AGED ABOUT 33 YEARS NO.4203, A A APARTMENTS H.B.R. LAYOUT, 5TH BLOCK BANGALORE 560043 ... RESPONDENTS

(By Sri V Sreenidhi, AGA, for R-1 & 2; Sri D N Nanjunda Reddy, Senior Advocate, a/w Ms Farah Fathima, Advocate, for R-3; Sri R Badrinath, Advocate, for R-4; Sri Jayakumar S Patil, Senior Advocate, a/w Sri Ashok K L, Advocate, for R-7 to 11, 13, 14, 16, 20 to 24, 28, 33, 34, 37, 57, 67 to 69, 73 to 75, 77 to 79, 85, 86, 99, 102, 115, 116, 153, 158, 162, 166 to 170, 172 to 174, 184, 194 and 195; Sri Ashok Haranahalli, Senior Advocate, a/w Sri Subramanya, R, Advocate, for

R-15, 110, 117, 118, 127, 152, 155, 212 and 214; Sri Ashok Haranahalli, Senior Advocate, a/w Sri B A Ramakrishna, Advocate, for R-41, 42, 177, 178, 181 to 183, 185, 187 to 191 & 196 to 209; Sri H S Prakash, Advocate, for R-71; Sri R Chandrashekar, Advocate, for R-72, 81 to 83, 87 to 90, 92, 93, 97, 98, 101, 103, 104, 106, 108, 111, 112, 114, 119 to 121, 124, 126, 128, 130, 131, 134 to 136, 138, 140 and 179; Sri Swamynathan, Advocate, for R-43, 45, 46, 50 to 56, 62 to 66, 142, 144 145, 147, 149, 151 & 164; Sri M S Ashwin Kumar, Advocate, for R-113; Sri N D Sathish Chandra, Advocate, for R-129, 132 and 133; R-5, 19, 26, 27, 30, 35, 36, 44, 47, 48, 59, 61, 91, 100, 107, 122, 125, 137, 141, 146, 150, 156, 159, 165, 171, 176, 180, 192, 210 and 213 are served & unrepresented; Vide order dated 18-12-2014, service of notice to R-6, 12, 17, 18, 25, 29, 31, 32, 38 to 40, 49, 58, 60, 70, 76, 80, 84, 94, 95, 96, 105, 109, 123, 139, 143, 148, 154, 157, 160, 161, 163, 175, 186, 193, 211, 215 and 216 are held sufficient]

THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NOS. 16858 AND 9942-9949 OF 2014 DATED 25/2/2014.

In Writ Appeal No. 958 of 2014

BETWEEN

CHIKKAVEERAPPA S/O CHANNAPPA SINCE DECEASED BY HIS LRs

1(a) RAJASHEKARAIAH S/O CHIKKAVEERAPPA AGE: 70 YEARS

1(b) SMT K S GIRIJA W/O LATE SHIVASHANKAR AGE: 54 YEARS

1(c) R C RENUKAPPA S/O CHIKKAVEERAPPA AGE: 65 YEARS

1(d) SMT VIJAYAMMA W/O LATE PARAMASHIVAIAH AGE: 60 YEARS

1(e) SMT LATHA W/O LATE DHARANEESHA AGE: 45 YEARS

1(f) SRI MALLIKARJUNA S/O LATE CHIKKAVEERAPPA AGE: 56 YEARS

1(g) SRI NAGARAJ C S/O LATE CHIKKAVEERAPPA AGE: 50 YEARS

ALL ARE R/O RAGHUVANAHALLI TALAGHATTAPURA POST J P NAGAR 9TH PHASE BANGALORE-560062 ... APPELLANTS

(By Sri Radhakrishna S Hegde, Advocate, for Sri R V Jayaprakash, Advocate)

AND

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001

2. THE SPECIAL LAND ACQUISITION OFFICER VISVESWARIAH MINI TOWER, DR.AMBEDKAR VEEDHI, BANGALORE-560001

3. THE BANGALORE CITY CO-OPERATIVE HOUSING SOCIETY LIMITED REPRESENTED BY ITS SECRETARY,

SEETHAPATHI AGRAHARA CHAMRAJPET, BANGALORE-560018.

4. THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY, BANGALORE-560001.

5. SRI K R KIRAN SON OF SRI RAMAKRISHNAPPA, AGED ABOUT 36 YEARS, R/AT NEAR GOVERNMENT SCHOOL VAJARAHALLI, UTTARAHALLI HOBLI, BANGALORE-560062.

6. SRI SATISH KRISHNA MURTHY SON OF LATE C.S.KRISHNA MURTHY, AGED ABOUT 41 YEARS, RESIDING AT NO 123, 5TH MAIN, 5TH CROSS, PADMANABHANAGAR, BANGALORE-560070 ... RESPONDENTS

(By Sri V Sreenidhi, AGA, for R1 & 2; Sri Shashi Kiran Shetty, Senior Advocate, a/w Sri B S Srinivas, Advocate, for R-3; Sri K Krishna, Advocate, for R-4; Vide order dated 19-8-2015, service of notice to R-5 is held sufficient; vide order dated 14-11-2016, notice to R-6 is dispended with)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO. 22445 OF 2004 DATED 25/2/2014.

THESE WRIT APPEALS HAVING BEEN HEARD AND RESERVED FOR JUDGMENT, COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, CHIEF JUSTICE PRONOUNCED THE FOLLOWING:

JUDGMENT

The Hon’ble Single Judge dismissed a batch of writ petitions by a common judgment and order dated

February 25, 2014, primarily, on the ground of delay and laches. In all those writ petitions, the writ petitioners claimed themselves to be the owners of various pieces of land, which had been the subject matter of acquisition by the State Government for the benefit of the Bengaluru City Co-operative Housing

Society Limited (hereinafter referred to as “the Society” in short).

2. The writ petitioners challenged the acquisition proceedings, inter alia, on the grounds that the said acquisition was not for the public purpose, but was initiated in violation of the provisions of the Land

Acquisition Act, 1894 (“the said Act” in short) inasmuch the society did not prepare any housing scheme nor there was any prior approval by the State Government to any housing scheme as mandatorily required by

Section 3(f)(vi) of the said Act. It was contended that the acquisition was at the instance of a middleman engaged by the said society for influencing the

Government to acquire those lands, by using his influence and monetary power, although no public purpose was involved. The writ petitioners contended that, while considering challenge to the very same acquisition, relying upon the decision of the Supreme

Court of India in the case of HMT House Building Co- operative Society Vs. Syed Khader and others, reported in 1995(2) SCC 677, wherein it was held that the acquisition was vitiated by fraud and was not for public purpose, on account of non-framing of any scheme by the society and in the absence of prior approval of the scheme as contemplated under Section

3(f)(vi) of the said Act, and on account of involvement of a middlemen, the entire acquisition was quashed by this

Court and, therefore, the writ petitioners prayed for the similar reliefs.

3. Admittedly, the very same acquisition proceedings were challenged in various writ petitions by the interested owners. One Shrimati Geetha Devi Shah filed a writ petition assailing the notification of acquisition, which was registered as Writ Petition No. 16419 of 1992.

P.Ramaiah and others filed yet another Writ Petition challenging the acquisition being No. 10406 of 1991.

4. During pendency of the aforementioned writ petitions, the State Government issued a notification under Section 48(1) of the said Act of 1894 for denotification of some of the lands owned by said

Shrimati Geetha Devi Shah. The said notification was challenged by the society by filing an application under

Article 226 of the Constitution of India, which was registered as Writ Petition No. 29603 of 1994.

5. The Hon’ble Single Judge, by judgment and order dated November 18, 1996, dismissed Writ Petition No.

16419 of 1992 filed by said Shrimati Geetha Devi Shah on the grounds of delay and laches. Simultaneously,

Writ Petition No. 29603 of 1994 filed by the society, challenging the aforesaid denotification, was, also, dismissed.

6. The said judgment and order of the Hon’ble Single

Judge in Writ Petition No. 16419 of 1992 was challenged by said Shrimati Geetha Devi Shah by filing an appeal before the Division Bench, which was registered as Writ

Appeal No. 9913 of 1996.

7. The appeal Bench held that the Hon’ble Single

Judge was not justified in dismissing the writ petition on the grounds of delay and laches and, relying upon the decision of the Supreme Court of India in the case of

HMT House Building Co-operative Society (supra), inter alia, held that there was no housing scheme approved by the State Government and there was no compliance with the mandatory requirement as contemplated in Section 3(f)(vi) of the said Act. It was, further, held that the Special Land Acquisition Officer submitted his report without giving an opportunity of

51 hearing to the said Shrimati Geetha Devi Shah and this was sufficient to nullify the acquisition of her lands.

Accordingly, the appeal Bench set aside the order of the

Hon’ble Single Judge and quashed the acquisition proceedings.

8. The appeal filed by the society, challenging the judgment and order passed in Writ Petition No. 29603 of

1994, was, also, dismissed by judgment and order dated

March 12, 1998.

9. The society filed an application for review being

Civil Petition No. 366 of 1998, which was, also, dismissed, clarifying that the orders in the writ petitions and the writ appeals would remain confined in relation to the lands of the writ petitioners in those writ petitions.

10. Writ Petition No. 10406 of 1991 filed by the said

P.Ramaiah and others was allowed by the Hon’ble Single

Judge and the acquisition proceedings were quashed.

The decision of the Hon’ble Single Judge was challenged

52 by the society in an appeal, which was registered as Writ

Appeal No. 4246 of 1998. The State of Karnataka and the Special Land Acquisition Officer, also, filed Writ

Appeal No. 6039 of 1998 against the selfsame order.

The Division Bench, by a common judgment and order dated February 6, 2004, held, relying upon the decision of the Supreme Court of India in the case of HMT House

Building Co-operative Society ( supra), that, as the society engaged an agent for ensuring acquisition of the lands and as much amount of money had changed hands in the process, the entire acquisition was total fraud inasmuch as the modus operandi and the pattern to acquire the lands was identical to the case of HMT

House Building Co-operative Society ( supra). Therefore, ultimately, the entire acquisition was quashed and set aside on the ground of fraud.

11. The decisions of the Division Bench in both the cases of Shrimat Geetha Devi Shah and P.Ramaiah and others were challenged before the Supreme Court of

India. By a common judgment and order dated

February 9, 2012, the Supreme Court of India affirmed the decision of the Division Bench of this Court in the aforesaid two matters. The decision of the Supreme

Court of India has since been reported in 2012(3) SCC

727 in the case of Bangalore City Co-operative

Housing Society Limited Vs. State of Karnataka and others.

12. On behalf of the appellants, Mr. Udaya Holla, learned senior advocate, and Mr. Radhakrishna

S.Hegde, learned advocate, submit that, since the

Supreme Court of India had quashed the entire acquisition in the case of Bengaluru City Co-operative

Society ( supra), the acquisition in relation to the lands of these writ petitioners ought to be quashed as the

Supreme Court of India held that the acquisition proceedings was fraudulent and illegal. It is submitted that the acquisition was vitiated by fraud because of the involvement of a middleman, namely, M.Krishnappa, who influenced the State authorities to initiate the acquisition proceedings and the State authorities, in

54 colourable exercise of powers, proposed to acquire the lands of the writ petitioners.

13. It was strenuously argued that there has been no delay in filing the writ petition. The writ petitioners were compelled to file the writ petitions, in terms of the aforementioned decisions of the Supreme Court of India, where the entire acquisition proceeding was quashed, but the relief was not extended to them by the authorities. The writ petitions were filed based on the findings recorded in Shrimati Geetha Devi Shah’s case and the decision of the Supreme Court of India in the case of HMT House Building Co-operative Society

(supra). The writ petitions were filed immediately on noticing the fraud practiced for acquiring the lands.

Moreover, it is submitted that the pleas of delay and laches, the consent award, the acquiescence to acquisition and the alleged receipt of the compensation are not available to the other side as the entire acquisition was vitiated by fraud and mala fide, involvement of middlemen and colourable exercise of

55 power. As the fraud vitiates everything, the delay could not be a ground for denying the relief. Heavy reliance was placed on the decision in the case of Vyalikaval

House Building Co-operative Society and others Vs.

Chandrappa and others, reported in 2007(9) SCC

304. It was submitted that once it was held that the notification for acquisition was vitiated by fraud, the pleas of acquiescence, the consent award and the alleged receipt of compensation amount could not have any bearing and the acquisition should be quashed.

14. Mr. Nanjunda Reddy, Mr. Jayakumar S.Patil, Mr.

Ashok Haranhalli and Mr. Shashikiran Shetty, senior advocates representing the respondents and the allottees from the society, urged that, consent award has been passed and compensation was received by the land owners through their constituted attorneys. They pointed out to the affidavits stated to have been filed by the land owners agreeing to the acquisition. It is submitted that the writ petitioners are not entitled to the relief claimed in terms of the decision in the case of

Shrimati Geetha Devi Shah . In the review application, it was clarified that the decision in the said case would confine only to the writ petitioners of those cases. It was submitted that another writ petition relating to the very acquisition in question was dismissed on the ground of delay and laches. The Special Leave Petition against such decision was, also, dismissed. Reliance was placed upon the decision in the case of

B.Anjanappa and others Vs. Vyalikaval House

Building Co-operative Society Limited and others, reported in 2012(10) SCC 184 , and submitted that, as there has been inordinate delay, the writ petition was rightly dismissed by the Hon’ble Single Judge. They submit that as a consent award was passed, the challenge to the acquisition was not maintainable.

15. In all the cases where acquisitions have been found to be tainted on account of involvement of middleman, who, by using his financial power, had influenced the Government in the decision making process for acquiring the land, and where the

57 mandatory requirements of Section 3(f) (vi) of the said

Act, requiring framing of scheme and prior approval by the Government were absent, the entire acquisition had been quashed. In the cases in hand, M.Krishnappa has been the Managing Partner of Rajendra Enterprises, and he acted as the middleman. He was engaged for influencing the Government for the purpose of acquiring the lands in question. A general power of attorney and affidavits were executed in favour of said M.Krishnappa.

A bare perusal of the affidavits and the general power of attorney indicates that the land owners were virtually illiterate people; many of them had put their left thumb impressions in both the general power of attorney and the affidavits. Some of them had signed. However, on perusal of the signatures and their style of subscribing the signatures clearly indicate that the land owners were virtually illiterate and rustic village people. It is apparent, therefore, that fraud has been perpetrated upon the land owners. An indemnity bond was executed by the said M.Krishnappa in favour of the State. In the

58 indemnity bond, the said Krishnappa claimed himself that he had been the owner of the lands and the society permitted him to execute the indemnity and to collect the compensation from the Government. It is, thus, clear that the middleman, namely, the said

M.Krishnappa, entered into a purported agreement with the society, influenced the Government and received the compensation. The land owners did not receive the compensation and the consent given by the said

M.Krishnappa, by virtue of his power of attorney and the affidavits, has been a product of fraud.

16. In these cases, the lands of various land owners had been acquired under the same notification, at the instance of the same middleman and without the society framing any scheme and obtaining prior approval of the

Government. Mr. Nanjunda Reddy, learned senior advocate appearing for the said society, contended that, though this Court and the Supreme Court of India have found that the acquisition was vitiated by fraud and for non-compliance of the mandatory requirement of

Section 3(f)(vi) of the said Act, the same could not be applied in respect of the lands of these appellants as, in the said review petition being Civil Petition No.366 of

1998, this Court confined the order only to the lands of the petitioners in those writ petitions. It is true that, in the review petition, it was observed that the decision would confine to the petitioners in those writ petitions.

However, the Supreme Court of India in Bangalore City

Housing Co-operative Housing Society ( supra) considered the entire matter and held that the approval of the housing scheme, as mandatorily required under

Section 3(f)(vi) of the said Act, was absent; therefore, the entire acquisition was vitiated. It was found that a middleman was employed for influencing the

Government to acquire the property and that tantamounts to fraud. It was specifically held by the

Apex Court that the entire acquisition was bad.

17. In Bangalore City Co-operative Housing Society

Limited (supra) the Apex Court refused to confer legitimacy to the influence of money power over the rule

60 of law, as the rule of law had been the edifice of our

Constitution. Money played the important role in facilitating acquisition of land. It shows how an unscrupulous element in the society uses money and extraneous consideration for influencing the decision making process.

18. In this case M.Krishnappa, with whom the society had entered into an agreement, had played a crucial role in persuading the Government to acquire the land for the benefit of the said society. The tenor of the agreement does not leave any manner of doubt that the said M.Krishnappa played a pivotal role in persuading the Government to acquire the property. Of course, there is no definite and clear evidence that

M.Krishnappa paid money for facilitating acquisition of the land, but, it is not too difficult, looking at the tenor of the agreement, the general power of attorney, and the affidavits, for any person of reasonable prudence, to decipher that the society parted with substantial money for manipulating the State authorities. Merely because

61 the layout was formed and certain plots were allotted to the alleged members of the society and that some of the members had constructed their houses, that itself is not sufficient to apply the doctrine of prospective overruling resulting in conferring legitimacy to the influence of money power.

19. In the case of Byanna Vs. State of Karnataka (Writ

Petition Nos. 28577-86 of 1995), this Court dismissed the writ petitions by order dated April 12, 1996 holding, inter alia, that there was no middleman and the general power of attorneys were given only after issuance of the notification under Section 6(1) of the said Act and, thus, no fraud was played at any stage. This court dismissed those writ petitions not only on the ground of delay and laches, but holding that no fraud was played.

20. On the contrary, in Bangalore City Co-operative

Housing Society limited (supra) the Supreme Court of

India found that there was a middleman for the purpose of acquisition and, therefore, the entire acquisition was

62 vitiated on the ground of fraud. We hold that Byanna

(supra) has no application in these cases. As fraud vitiates everything, delay is inconsequential. In identical circumstances when acquisition was found to be vitiated on the grounds of fraud and malafides, resulting from the use of middleman to influence the Government, the

Apex Court held that the delay was of no consequence.

It was categorically held that when the acquisition was found to be totally malafide and not for bonafide purpose, the grounds of delay and acquiescence had no substance. All the facets of fraud get attracted to the case at hand.

21. In R.Rajashekar and others Vs. Trinity House

Building Co-operative Society and others , reported in

AIR 2016 SC 4329 , the Supreme Court of India held that, once the proceedings are void ab initio for non- compliance of the mandatory statutory requirement of prior approval of the scheme, the original owners could not be shut out from the court in challenging the acquisition proceedings and, therefore, they were

63 entitled to challenge the same at any point of time, even in collateral proceedings. In this case the evidence on record clearly indicates that the said society paid money to the middleman to act as the agent between the society and the State Government to ensure acquisition of the lands of these original landowners for the benefit of the said society. Hiring of middleman to get the land of rustic villagers acquired by the State is opposed to public policy.

22. It was urged that there has been a consent award and, thus, the challenge to acquisition must fail. The consent was given by the middleman, namely,

M.Krishnappa, by virtue of the affidavits and the power of attorney executed by virtually illiterate and rustic villagers. Therefore, the compensation was received by the middleman and not by the land owners. The consent award, therefore, is of no consequence. The foundation for acquisition is the approval of the housing scheme under Section 3(f)(vi) of the said Act; such approval is, admittedly, not available. Further, fraud

64 vitiates the whole acquisition. When the very foundation of the acquisition is vitiated, consent or otherwise is of no consequence. In the case of

Vyalikaval House Building Co-operative Society

(supra) awards were passed and compensation amounts were, also, disbursed in favour of the land owners.

Nevertheless, the Apex Court held that the acquisition was vitiated and it could not be saved on the ground of acquiescence.

23. We are of the opinion that the decision in the case of Bangalore City Co-operative Housing Society

Limited (supra) has universal application. In these cases, a middleman was engaged to influence the

Government and prior approval of the scheme was absent as mandatorily required under Section 3(f)(vi) of the said Act. Hence, we have no hesitation in holding that the Hon’ble Single Judge was not right in dismissing the writ petitions on the grounds of delay and laches. The acquisition is, therefore, liable to be quashed.

24. However, certain members of the co-operative society had acquired the plots of land even prior to passing of an order of injunction against the society by the Hon’ble Single Judge on March 14, 2005 and some of them have even constructed their houses. We feel that they should be permitted to retain their houses on the sites allotted to them, on payment of reasonable compensation to the land owners at the prevailing market price as on the dates of their purchases. Some persons have purchased the property after the order of injunction. They are given liberty to negotiate with the land owners for purchase of the land at an agreed price, preferably the market price prevailing in the year 2005.

25. Therefore, the appeals are allowed. The impugned judgment and order are set aside. The writ petitions are allowed. The entire acquisition is quashed with the rider that the persons, who got sites from the said society prior to the said order of injunction and constructed their houses, would be permitted to retain

66 their houses on payment of compensation to the land owners by offering market price as prevailing on the dates of their purchases. Simultaneously, the persons, who had acquired the plots of land from the said society after the order of injunction and constructed their houses, shall be entitled to negotiate with the land owners to retain their houses on payment of compensation to the land owners at an agreed price, preferably the market price prevailing in the year 2005.

We direct the authorities to return vacant lands to the land owners, immediately.

26. We make no order as to costs.

Sd/- CHIEF JUSTICE

Sd/- JUDGE

*ckc