In the High Court of Karnataka at Bengaluru
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WP 19457-460/2016 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22 ND DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.19457-460/2016 (LA-RES) BETWEEN : 1. Sri N.Nanjundappa, S/o late Chikkananjappa, Since deceased, rep. by his LRs. (a) Sri Vasanthappa.N., S/o late N.Nanjundappa, Aged 62 years, R/at No.493, Kodigehalli, Sahakara Nagar Post, Bengaluru – 560 092. (b) Sri K.N.Manjunath, S/o late N.Nanjundappa, Aged 58 years, R/at No.2152/16, Sri Manjunatha Nilaya, ‘D’ Block, Sahakara Nagar, Water Tank Road, Bengaluru – 560 092. (c) Sri Umesh.N., S/o late N.Nanjundappa, Aged 53 years, R/at Flat No.G-6, ‘B’ Block, Nipuna Heritage Apartment, No.213/16, 11 th ‘B’ Cross, WP 19457-460/2016 2 Virupakshapura Kodigehalli, Bengaluru – 560 097. 2. Sri N.Rama Raju, S/o late Chikkananjappa, Aged 85 years, R/at Kodigehalli Village, Sahakaranagara, Bengaluru – 560 092. ..PETITIONERS (By Sri M.V.Seshachala, Sr. Counsel for Sri Aravind V.Chavan, Adv.) AND : 1. Ministry of Power, Government of India, Shram Shakti Bhavan, New Delhi – 110 001, Represented by its Secretary. 2. The Southern Regional Electricity Board, No.29, Race Course Road, Bengaluru – 560 009, Represented by its Secretary. 3. The Special Land Acquisition Officer, Visveswaraiah Centre, 3rd Floor, Podium Block, Dr. Ambedkar Veedhi, Bengaluru – 560 001. 4. The Prl. Secretary to Government of Karnataka, Revenue Department, Vikasa Soudha, Bengaluru – 560 001. ..RESPONDENTS WP 19457-460/2016 3 (By Sri Prabhulinga K.Navadgi, ASG for Smt. Sandhya Rao, CGSC for R-1 & R-2; Sri Venkatesh Dodderi, AGA for R-3 & R-4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THAT THE ACQUISITION PROCEEDINGS INITIATED UNDER LA ACT, 1894 IN RESPECT OF 32 GUNTAS IN SY. NO.14/1 WRONGLY NOTIFIED AS SY. NO.17/1, 32 GUNTAS KODIGEHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK, IN ANNEX-D & E, DATED 19.09.1985 AND 27.02.1986 OVER WHICH COMPENSATION AWARDED HAS NOT BEEN PAID OR ACTUAL PHYSICAL POSSESSION HAS NOT BEEN TAKEN IN ACCORDANCE WITH SEC. 24(2) OF THE NEW ACT, 2013 AND CONSEQUENTLY ACQUISITION PROCEEDINGS HAS LAPSED. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 23.01.2017, COMING ON FOR ‘PRONOUNCEMENT OF ORDER’, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER 1. Petitioners have approached this Court making a grievance regarding the acquisition proceedings pertaining to 32 guntas of land comprised in Sy. No.14/1, but notified as part of Sy. No.17/1 measuring 32 guntas situated at Kodigehalli village, Yelahanka Hobli, Bengaluru North Taluk. He has sought for a declaration that the acquisition proceedings have lapsed as neither compensation awarded has been paid nor actual possession has been taken over. Such a relief is sought by the petitioners in the light of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘New Act’). WP 19457-460/2016 4 2. It is the case of the petitioners that Sy. No.14 of Kodigehalli village totally measured 13 acres 35 guntas. It was owned by Mr. Byanna and Smt. Akkayyamma. They sold part of Sy. No.14 measuring 2 acres 10 guntas in favour of D.Narayanappa as per sale deed dated 20.02.1950, who inturn sold it on 24.11.1953 in favour of Munishamappa. By sale deed dated 15.03.1954, Munishamappa sold it to Chikkananjappa. Deceased petitioner No.1 – N.Nanjundappa and petitioner No.2 – N.Rama Raju are the children of late Chikkananjappa. Petitioners have produced the sale deed dated 15.03.1954 at Annexure-A, whereunder father of petitioners 1 & 2 – late Chikkananjappa has purchased 2 acres 10 guntas of land comprised in undivided Sy. No.14. A perusal of the schedule mentioned in the sale deed makes it clear that the land purchased measuring 2 acres 10 guntas was bounded on the East by – Sy. No.17 and Subbaiah’s land; West by – Marappa’s land; North by – Battappa’s land within Byatarayanapura jurisdiction; and South by – Road. 3. It is relevant to notice that while effecting mutation entry based on the sale deeds executed in favour of the predecessor in title of the petitioners - Chikkananjappa, the entries were WP 19457-460/2016 5 recorded as 1 acre 11 guntas in Sy. No.14/1 and 39 guntas in Sy. No.17/1. This is evident from the mutation register bearing MR.No.58 & 59 produced at Annexure-B. So far as RTC extract is concerned, the sub-division of the survey number was not shown. It continued to reflect as Sy. No.14 measuring 14 acres 3 guntas. The name of N.Nanjundappa was entered in respect of 2 acres 10 guntas as is evident from the RTC extracts of the year 1966-69 and thereafter. The RTC extracts have been produced and marked as Annexure-C. 4. Acquisition proceedings were initiated as per preliminary notification dated 19.04.1985 under Section 4(1) of the Land Acquisition Act (for short, ‘the Act’), proposing to acquire the land bearing Sy. No.17/1 measuring 2 acres 35 guntas for the purpose of constructing staff quarters for the benefit of Southern Regional Electricity Board, Bengaluru. In the column pertaining to Khatedar, the name of Muniyappa S/o Subbahanumaiah was shown and in the column pertaining to the name of Anubhavadar, the name of Muniyappa S/o Subbahanumaiah along with petitioner No.1 – N.Nanjundappa was shown. Final declaration was issued on 26.02.1986 under Section 6 of the Act. The same was published in the Karnataka WP 19457-460/2016 6 Gazette on 08.05.1986 depicting the name of petitioner No.1 along with Muniyappa in respect of 2 acres 35 guntas in Sy. No.17/1. Award was passed on 30.10.1986. 5. In the course of enquiry, the Land Acquisition Officer has found that petitioner No.1 though notified of the proceedings of the award under Section 9 of the Act did not produce any documentary evidence to prove his title in respect of Sy. No.17/1 measuring 32 guntas out of 3 acres 4 guntas. So far as the remaining extent of land comprised in Sy. No.17/1, Khatedar and Anubhavdar of the said land – Muniyappa S/o Subba Hanumaiah through his son Mr. M.Krishnappa, has claimed compensation and the Land Acquisition Officer while passing the award, copy of which is produced at Annexure-F, has specifically stated that out of the award amount of Rs.2,12,000.75 in respect of 2 acres 3 guntas, a sum of Rs.1,51,820/- has been paid to Muniyappa S/o Subba Hanumaiah and the remaining amount has been deposited in the Treasury. Indeed, this aspect of the matter is confirmed by the learned Additional Government Advocate who submits, on instructions from the officer present in the court, that the compensation payable in respect of 32 guntas of land was not WP 19457-460/2016 7 paid to anybody nor was it deposited before the Civil Court by referring the matter under Section 30 of the Act, but the Land Acquisition Officer having found that there was dispute regarding the entitlement of compensation in respect of 32 guntas, has ordered for depositing the said amount in the Treasury. 6. It is the case of the petitioners that possession of the land was not taken over. In this regard, he has urged that no mahazar in accordance with law was drawn evidencing taking over possession. He points out by referring to Annexure-P – notification dated 27.02.1986 that only 2 acres 3 guntas in Sy. No.17/1 and 9 guntas of phut kharab was taken over as per LAC No.641/1985-86 and he also points out that as is apparent from Annexure-Q – official memorandum dated 02.01.1998, in respect of 32 guntas of land, as there was dispute regarding possession between Muniyappa and N.Nanjunadappa, the Special Land Acquisition Officer requested the Assistant Commissioner, Bengaluru Sub-Division to enforce compensation in respect of 32 guntas by resorting to Section 47 of the Act, and therefore, the Assistant Commissioner, Bengaluru Sub-Division, directed the Tahsildar, Bengaluru WP 19457-460/2016 8 North Taluk, to take over possession in respect of 32 guntas of Sy. No.17/1 and hand over the same to the Special Land Acquisition Officer, Bengaluru. Thereafter, it is urged by the Counsel for the petitioners that the Tahsildar did not take possession nor did he hand over the same to the beneficiary. It is pointed out by referring to Annexure-R – proceedings regarding taking over possession drawn up by the Revenue Inspector, Yelahanka Hobli, on 21.03.1988,that the Tahsildar who was personally authorized and directed to enforce possession did not discharge the said duty nor the Revenue Inspector who has drawn the mahazar has done it in the presence of any witnesses, and therefore, possession of the land was not taken over. It is urged that possession of the land continued to be with the petitioner – N.Nanjudappa as regards 32 guntas in Sy. No.17/1. 7. Petitioners have filed an application seeking permission to produce certain additional documents while raising additional grounds on the basis of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘New Act of 2013’) stating that acquisition proceedings stood lapsed.