1

IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 17TH DAY OF MARCH 2016

BEFORE

THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY

WRIT PETITION Nos.10716-10779 OF 2015 (LA-BDA)

CONNECTED WITH

WRIT PETITION Nos.9761-9764 OF 2015 (LA-BDA)

IN W.P.Nos.10716-10779 OF 2015

BETWEEN:

1. Mrs. Vanaja Munireddy, Aged about 62 years, Wife of Late Muni Reddy,

2. Sri. M. Nanda Kumar, Aged about 40 years, Son of Late Muni Reddy,

Both of whom are residing at No.256, 9 th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, 560 043.

3. Sri. Lalit NarayanThakur, Son of G.S.Thakur, 2

Aged about 35 years,

4. Smt. Mounita Dutta, Wife of Lalit Narayan Thakur, Aged about 32 years,

Both of whom are residing at House No.256, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

5. Smt. Sharmila .A, Wife of Amrit Lal, Aged about 34 years, Residing at House No.25A, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

6. Smt. Maryam Hassan, Wife of Hassan Al Hawai, Aged about 49 years, Residing at House No.592/1, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

7. Smt. Malathi .N, Wife of Babu Reddy .C, Aged about 46 years, Residing at House No.17, 3

9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

8. Sri. C. Ramachandran, Son of Chinna Kutty, Aged about 51 years, Residing at No.256, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

9. Sri.Morris Simon, Son of Late Theres Raj, Aged about 43 years, Residing at House No.600, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

10. Sri. Narayanaswamy, Son of Chikka Venkatappa, Aged about 74 years,

10A. Smt. Vinoda, Wife of V. Narayanaswamy, Aged about 45 years,

Both of whom are residing at House No.13/2, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, 4

Banaswadi, Bangalore 560 043.

11. Sri. Shravan Ganguli, Son of Ramachandra Sherugar, Aged about 30 years, Residing at House No.2, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

12. Sri. Ramachandra Sherugar, Son of Jattappa, Aged about 62 years, Residing at House No.2, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

13. Smt. Anju sharma, Wife of MMM Wilson, Aged about 34 years, Residing at House No.13/3, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

14. Smt. J. Kalavati, Wife of M. Rangegowda, Aged about 59 years, Residing at No.6, Chinamma Garden, 5

Subbannapalya, Banaswadi, Bangalore 560 033.

15. Smt. H.K.Ratnamma, Wife of M.N.Muniswamy Reddy, Aged about 60 years, Residing at House No.140, 1st Main, SD Bed, , 4th Block, Bangalore 560 095.

16. Sri. Subramani, Son of Late Muniswamy Mudaliar, Aged about 68 years, Residing at House No.590/1, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

17. Smt. B. Thangam, Wife of V.T.Loganathan, Aged about 53 years, Residing at House New No.6, Old No.575/2, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

18. Smt. Bhagavathi Devi .B, Wife of Bhavani Shankar Parekh .M, Aged about 42 years, Residing at House No.15, 9th B Main Road, 6

H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

19. Sri. Vijay Kumar, Son of K. Vasu, Aged about 38 years, Residing at House New No.3, Old No.677, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

20. Sri. Ramesh Babu B.N., Son of Late Narayana Babu, Aged about 36 yars, Residing at House No.562, Lakshmi Nilayam, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

21. Sri. Suresh Babu B.N., Son of Late Narayana Babu, Aged about 36 years, Residing at House No.562, Lakshmi Nilayam, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

22. Smt. H.L.Pavithra, 7

Wife of E.R.Murthy, Aged about 39 years, Residing at House No.533, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

23. Sri. S. Ramachandran, Son of Late Sampangi .P, Aged about 67 years. Residing at House New No.2, Old No.575/1, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

24. Sri. Muniraju .C, Son of Late Venkataswamy, Aged about 60 years, Residing at House No.1932, 22 nd Cross, 3 ‘A’ Main Road, Jayanagara 6 th Block, Bangalore 560082.

25. Smt. Chandramma, Wife of Nanjaiah .N, Aged about 58 years, Residing at House No.576/1, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

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26. Sri. Babu Reddy, Son of Late Sreenivasa Reddy, Aged about 52 years, Residing at No.290/6, 3rd Cross, , Bangalore 560 043.

27. Dr. M. Vinayak, Son of Munirathanam, Aged about 34 years, Represented by his GPA Holder, T. Munirathnam, Residing at No.214/2P, 7th Cross, Ashirvad Colony, , Kalyan Nagar Post.

28. Smt. J. Sulochana, Wife of Jagganathan, Aged about 50 years, Residing at House No.29A, 9th B Main Road, Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

29. Sri. D. Ram Manohar Reddy, Son of Late Lakshmi Reddy, Aged about 57 years, Residing at House No.802, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

30. Smt. D. Bharathi, 9

Wife of D. Ram Manohar Reddy, Aged about 51 years, Residing at House No.802, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

31. Smt. Govindamma, Wife of Late D Lakshmi Reddy, Aged about 81 years, Residing at House No.802, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

32. Smt. A. Kumudha, Wife of Audimoolam .R, Aged about 67 years, Residing at House No.256, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

33. Sri. Thambi K Thomas, Son of K.M.Thomas, Aged about 38 years, Residing at House No.22, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

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34. Smt. Fathima Rani Alias Padma, Wife of M.A. Das, Aged about 55 years, Residing at House No.15, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

35. Smt. Vimala, Wife of Ayappa Reddy, Aged about 52 years, Residing at House No.442, 10 th Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

36. Smt. Sarada K Pillai, Wife of Krishna Pillai, Aged about 85 years, Residing at House No.615, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

37. Sri. Chandran .M, Son of Manicky Achary, Aged 74 years, Residing at House No.350, 5th Main, HAL 3 rd Stage, Bangalore 560 075.

38. Sri. Daniel Maria Anthonio, 11

Son of Arokidass, Aged about 40 years, Residing at House No.18, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

39. Smt. Latha Venkatesh, Wife of Venkatesh .G, Aged about 41 years, Residing at House No.26, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

40. Sri. S.A.Rajkumar, Son of Late Appadurai, Aged about 59 years, Residing at House No.30, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

41. Smt. P.Malliga, Wife of Rajkumar S.A, Aged about 54 years, Residing at House No.30, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

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42. Smt. Punita Devi, Wife of D.H.Lokesh, Aged about 32 years, Residing at House No.14, 4th Street, Broad Way Road, Shivaji Nagar, Bangalore 560 051.

43. Sri. Muniswamy K.M, Son of K.K.Muragachari, (Husband of Late K.M.Janaki), Residing at House New No.34 Old No.1150, 9th B Main Road, 3 rd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

44. Sri. M. Srinivasan, Son of K.M.Muniswamy, Aged about 44 years, Residing at House New No.34/1, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

45. Sri. P. Shivalingam, Son of Puchi Gowndur, Aged about 53 years, Residing at House No.826, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043. 13

46. Sri. P. Shiva, Son of Puchi Gowndur, Aged about 50 years, Residing at House No.803, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

47. Sri. Vijaya Raghavan, Son of Late Ramachandran, Aged about 42 years, Residing at House No.13, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

48. Sri. Vijaya Rangan .R, Son of R. Raju, Aged about 61 years, Residing at House No.33, 9th B Main Road, 2 nd Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

49. Smt. M. Savitha, Wife of Babu Reddy .A, Aged about 46 years, Residing at House No.39, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, 14

Bangalore 560 043.

50. Smt. Ranjani A.M., Wife of Late Mahadevan .B, Aged about 65 years, Residing at House No.37/2, Srinivasa Nilayam, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

51. Sri. P. Venkatesan, Son of Late K. Perumal, Aged about 55 years, Residing at House No.27, 9th B Main Road, 1 st Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

52. Smt. T.J.Thresiamma, Wife of K.A.Abharam, Aged about 65 years, Residing at House No.595/2, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

53. Sri. K. Manickam, Son of Karapanna Shettyar, Aged about 83 years, 15

Residing at House No.560, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043. 54. Sri. T. Sanjay, Son of M. Tarachand, Aged about 36 years, Residing at House No.23/1, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

55. Sri. Arul Das .M, Son of Mariappa .C, Aged about 67 yeas, Residing at House No.23, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

56. Smt. A. Amalorpava Mary, Wife of M. Arul Das, Aged about 52 years, Residing at House No.23, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

57. Sri. Sathish M.K., Son of K. Krishnappa, Aged about 45 years, 16

Residing at House No.615, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043. 58. Sri. M. Padmanabha, Son of Manickam .K, Aged about 58 years, Residing at House No.45, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

59. Sri. M. Rudramurthy, Son of Manickam .K, Aged about 60 years, Residing at House No.44, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

60. Dr. Shiv Kumar Chabba, Son of Late Rajendrapal Chabba, Aged about 44 years, Residing at House No.64, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

61. Sri. Sandeep Kumar Chabba, Son of Late Rajendrapal Chabba, Aged about 45 yeas, 17

Residing at House No.23, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

62. Sri. G. Venkatesh, Son of Govinda Reddy, Aged about 45years, Residing at House No.27, 9th B Main Road, 4 th Cross, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043.

63. Smt. K. Sujatha, Wife of P. Muniraj, Aged about 48 years, Residing at No.203, 9th B Main Road, H.R.B.R.Layout, 1 st Block, Banaswadi, Bangalore 560 043. …PETITIONERS

(By Shri M.S.Bhagwat, Advocate)

AND:

1. Bangalore Development Authority, Represented by its Commissioner, T. Chowdaiah Road, Kumara Park West, Bangalore 560 020.

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2. Executive Engineer, Bangalore Development Authority, North Division, B.D.A.Complex, R.T.Nagar, Bangalore 560 032.

3. State of Karnataka, Represented by its Secretary, Department of Housing and Urban Development, Vikasa Soudha, Bangalore 560 001. …RESPONDENTS (By Shri I.G.Gachchinmath, Advocate for Respondent Nos.1 and 2; Smt. Shwetha Krishnappa, Government Pleader for Respondent No.3) *****

These Writ Petitions filed under Article 226 of the Constitution of , praying to call for the records from the respondents and to declare that the acquisition proceedings initiated by the respondents, pursuant to notification dated 21.3.1977 issued under Section 17[1] of the BDA Act 1976 by the first respondent vide Annexure-BK and notification dated 14.5.1980 issued under Section 19[1] by the third respondent of the BDA Act 1976 vide Annexure-BL has lapsed, in so far as the petition schedule property is concerned.

IN W.P.Nos.9761-9764 OF 2015

BETWEEN:

1. Sri. Chinnanna Reddy, Son of Late Muniswamy Reddy, 19

Aged about 60 years, Resident of Doddabanaswadi Village, K.R.Pura Hobli, Bangalore East Taluk.

2. Sri. Sathyanarayana Reddy, Son of Sri. Narayana Reddy, Aged about 38 years, At No.15, Yogi Vemana Road, I Cross, Banaswadi, Bangalore 560 043.

3. Sri. R. Seetharam, Son of Sri. N. Ramachandra, Aged about 50 years, Residing at No.255, Banasawadi, 80 Feet Road, Near Bank of India, Banaswadi Post, Bangalore 560 043.

4. Sri. Venkatesha Reddy, Son of Late Anka Reddy, Aged about 54 years, At Ankanna Reddy Road, Dodda Banaswadi, Bangalore 560 040. …PETITIONERS (By Shri H.S.Dwarakanath, Advocate for Shri Chandrashekara Reddy R.A., Advocate)

AND:

1. State of Karnataka, 20

Represented by its Chief Secretary, , Bangalore 560 001.

2. Bangalore Development Authority, T. Chowdaiah Road, Kumara Krupa West, Bangalore 560 020, Represented by its Commissioner.

3. The Land Acquisition Officer, Bangalore Development Authority, T. Chowdaiahi Road, Kumara Krupa West, Bangalore 560 020. …RESPONDENTS

(By Smt. Shwetha Krishnappa, Government Pleader for Respondent No.1; Shri I.G.Gachchinmath, Advocate for Respondent Nos.2 and 3)

***** These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to declaration that the acquisition of the schedule properties in terms of Annexure-A dated 12.6.1980 has lapsed and for such other writ directions, declarations and orders as this Hon’ble Court may deem fit to grant including the costs of this petition.

These Writ Petitions coming on for Orders this day, the court made the following:

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ORDER

These petitions are heard and disposed of finally having regard to the facts and circumstances of the case.

2. The petitions are filed on a common ground that the acquisition proceedings have not been completed insofar as the petitioners’ lands are concerned.

3. The petitioner in WP 10716-779/2015 claims that one

Muni Reddy was the original owner of several lands including the land comprised in survey No.256 measuring 3 acre 6 guntas, including 3 guntas of kharab, of Dodda Banaswadi

Village, Hobli, Bangalore South Taluk.

The Bangalore Development Authority (BDA) had issued a preliminary notification under Section 17(1) of the

Bangalore Development Authority Act, 1976 (Hereinafter referred to as the ‘BDA Act’, for brevity) proposing to acquire

1,293 acres 14 guntas of land comprised in several villages, including Dodda Banaswadi for the formation of a residential layout called “Scheme between Banaswadi Road and Hennur 22

Road”. The total extent of land proposed for acquisition in

Banaswadi village was 468 acre 1 gunta. The final notification under Section 19(1) of the BDA Act was issued on 14.5.1980 proposing to notify the lands measuring 1129 acre 2 guntas.

In the meanwhile, Muni Reddy is said to have formed a private layout known as ‘Muni Reddy Layout’ or ‘Banaswadi

Layout’ and formed 77 sites of various dimensions between the period 1980 and 2015. The petitioners claim to be in possession thereafter. The first petitioner is the widow of Muni

Reddy and other petitioners claim to have purchased sites formed by Muni Reddy.

It transpires that the BDA, pursuant to the acquisition proceedings, sought to interfere with the lands adjacent to the petitioner’s lands and therefore, in apprehension of imminent dispossession and demolition, they had filed writ petitions in

WP 10094-97/2015. Therefore, having taken cue from those petitions, the petitioners have also approached this court in the present petitions. 23

4. It is the case of the petitioners that though an award has been passed, the compensation has not been deposited before the civil court. However, it is the case of the petitioners that physical possession has not been taken of the lands in question and therefore, would claim that by virtue of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 (Hereinafter referred to as the ‘2013 Act’, for brevity), having come into force, the same would be applicable to the acquisitions under the BDA

Act. And in terms of Section 24(2) therein, not only the scheme would lapse for want of having taken possession and substantial implementation of the Scheme in terms of Section

27 of the BDA Act, but the acquisition itself would lapse by virtue of Section 24(2) of the 2013 Act and therefore seek a declaration that the scheme and the acquisition have lapsed.

5. The petitioners in WP 9761-64/2015 would claim that the first petitioner was the owner of 3 acre 21 guntas of land in 24

survey no.255 of Banaswadi village and he has sold 20 guntas of land to one Lakshmidevamma, 22 guntas to Pilla Reddy and

28 guntas to Madhavan Pillai. Consequently, the first petitioner holds 1 acre 31 guntas which is described in the schedule to the petition.

The petitioners are aggrieved by the very notification issued in respect of the lands in the connected petition in WP

10716-779/2015 and lays similar claim to the acquisition proceedings not having been completed insofar as the petitioners’ lands are concerned, except that 20 guntas of land had been utilized for the formation of a road out of the land that was already sold to persons aforesaid. This was when the acquisition proceedings being completed. Insofar as the remaining land held by the petitioners is concerned, the award has been passed and compensation has not been received by the petitioners and physical possession continues to remain with them. The acquisition being of the year 1980 and physical possession having remained with the petitioners, it can be said 25

that the scheme has not been substantially implemented insofar as the petitioners’ lands are concerned.

6. Though the learned counsel for the respondent would contend that to seek such a declaration after several decades would not be tenable since the petitions would have to fall on account of the delay and laches as held by a division bench of this court in Krishnamurthy, since deceased by legal representatives vs. Bangalore Development Authority, (1996)3

KLJ 506. It was in a situation where the provisions of section

24(2) of the 2013 was not available, where if physical possession has not been taken or compensation has not been paid, the acquisition itself lapsing is unconditionally imperative under the 2013 Act. Therefore, not only has the scheme lapsed on account of the scheme not having been substantially implemented under Section 27 of the BDA Act, the acquisition proceedings would lapse in terms of Section 24(2) of the 2013

Act. 26

The petitions are allowed. The proceedings insofar as the petitioners’ lands are concerned are quashed.

7. Incidentally, the respondents have sought to produce a notification issued under Section 16(2) of the Land Acquisition

Act, 1894. This is without any supporting material of having taken actual physical possession, as is repeatedly declared by the apex court as being a necessary circumstance to demonstrate that physical possession has been taken. The notification by itself would not establish taking over of physical possession. Consequently, it would be of no consequence.

There is an impleading application filed in WP 10716-

779/2015, wherein the applicant claims that he had filed a suit for declaration of title, which has been decreed as against the petitioners no.1 and 8 and that though appeals have been preferred in RFA 453-454/2010 in the appellate jurisdiction of this court, the counsel for the impleading applicant would contend that the petition being allowed should not enable the 27

petitioners to lay claim to title to the property contrary to the judgment and decree that is rendered in favour of the impleading applicant.

The petition being allowed does not declare the title of the petitioners if the same is in dispute in independent proceedings. It is for the applicant to work out his remedies independently and his impleadment in this petition is unnecessary. The application for impleadment is accordingly disposed of.

Sd/- JUDGE nv