Karnataka High Court
The Commissioner vs Narayan S/O Harishchandra Pai on 20 December, 2023
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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WA No. 100639 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL
WRIT APPEAL NO. 100639 OF 2023 (LB-RES)
BETWEEN:
THE COMMISSIONER
CITY CORPORATION, BELAGAVI
SUBHASH NAGAR, BELAGAVI 590001
DIST. BELAGAVI
...APPELLANT
(BY SRI. CHETAN MUNNOLI, ADVOCATE)
AND:
1. NARAYAN S/O HARISHCHANDRA PAI
AGE 43 YEARS, OCC. BUSINESS
R/O 229, RANADE ROAD,
TILAKWADI, BELAGAVI 590006
2. THE STATE OF KARNATAKA
SHIVAKUMAR BY UNDER SECRETARY
HIREMATH
DEPARTMENT OF URBAN DEVELOPMENT
M.S.BUILDING, AMBEDKAR VEEDHI,
Digitally signed
by SHIVAKUMAR BENGALURU 560 001
HIREMATH
Date: 2023.12.22
...RESPONDENTS
10:52:44 +0530
(BY SRI.SHREEVATSA HEDGE, ADVOCATE FOR R1 AND SRI. G.K.
HIREGOUDAR, GA FOR R2)
THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, SET ASIDE
THE ORDER DATED 25.07.2023 PASSED IN WP NO.101438/2021
(LB-RES) PASSED BY THE LEARNED SINGLE JUDGE, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:
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WA No. 100639 of 2023
JUDGMENT
This intra-Court appeal is filed by the City
Corporation, Belagavi, assailing the order of the learned
Single Judge dated 25.07.2023 passed in
W.P.No.101438/2021, whereby, the writ petition filed by
the respondent No.1 was allowed by directing the
appellant to execute a deed of conveyance with regard to
CTS Site No.229, situated at Ranade Road, Tilakwadi,
Belagavi, measuring an extent of 3150 sq. ft. in favour of
the respondent No.1 after obtaining necessary sanction
from the Government, the registration of sale deed
including the sanction from the Government shall be within
a period of three months from the date of receipt of the
copy of the order.
2. The respondent No.1 averred that, his father
was the owner of the property at CTS No.442, Congress
Road, Tilakwadi, Belagavi and the appellant has
demolished the said property for the purpose of road
widening. The father of the respondent No.1 instituted the
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proceeding for seeking compensation. The appellant
passed the resolution to grant the property bearing
No.229, Ranade Road, Tilakwadi, Belgavi, in lieu of the
property acquired. The respondent No.1 withdrew the
proceedings initiated for the compensation.
3. It is further averred that, despite passing of the
resolution by the appellant for grant of land no further
steps were taken to execute deed of conveyance in favour
of the respondent No.1, however, the appellant has
executed a sale deed in favour of Smt. Shobha Angadi who
is similarly placed person as that of the respondent No.1.
The respondent No.1 has submitted representation to the
Government authorities for the purpose of execution of
conveyance deed in his favour, however, no action was
taken by the authorities, which has compelled the
respondent No.1 to invoke the writ jurisdiction of the High
Court. Learned Single Judge considering the rival
submissions, has allowed the writ petition by issuing
direction to execute sale deed within three months.
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4. Sri. Chetan Munnolli, learned counsel appearing
for the appellant submits that, the respondent No.1 was
allotted a land measuring 3150 sq. ft. situated at
Mangalwarpeth, Tilakwadi, Belagavi on lease-cum-sale
basis for a period five years and the father of the
respondent No.1 was not satisfied with the said allotment
sought for allotment of suitable land. The respondent No.1
has constructed house in the said property, but after
realizing that there is no proper conveyance he seeks for
execution of registered sale deed in their favour. It is
submitted that, the respondent No.1 is only a lessee and
the appellant cannot execute or transfer the property of
the corporation without the previous sanction of the State
Government. In the absence of any such sanction, it would
be difficult to execute the deed of conveyance in favour of
the respondent No.1 and these aspects have not been
properly considered by the learned Single Judge in
allowing the petition, accordingly he seeks for allowing of
the appeal.
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5. Per contra, Sri. Shreevatsa Hegde, appearing
for the respondent No.1 submits that, the appellants
highhandedly demolished the property of the respondent
No.1 and compelled him to withdraw the proceedings
initiated for compensation on the assurance that they
would allot the alternate land in lieu of acquired property
of the respondent No.1, however, for one or the other
reason they are dodging the process of transfer of
property in his favour. It is submitted that, the valuable
property of the respondent No.1 is acquired by the
appellant and no compensation has been paid which
violates the property right of the respondent No.1. He
supports the impugned Judgment of the learned Single
Judge and seeks dismissal of the appeal.
6. Sri. Girish K. Hiregoudar, learned Government
Advocate appearing for the State fairly submits that, the
corporation is required to execute necessary deed in
favour of the respondent No.1 as the corporation has
acquired the property of the respondent No.1 and no
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compensation has been paid. It is submitted that, the
appellant-corporation is required to act on their resolution
dated 14.12.1995. He seeks for passing of appropriate
orders.
7. Having heard the learned counsel for the
appellant, learned counsel for the respondent No.1,
learned Government Advocate and perused the material
available on record.
8. The undisputed fact is that, the property of the
respondent No.1 bearing CTS No.442 measuring 2350 sq
ft, situated at Congress Road, Tilakwadi, Belagavi, was
demolished by the appellant and made use for the purpose
of road widening. It is also not in dispute that, the
appellant has passed the resolution dated 14.12.1995
wherein, they have granted land bearing CTS No.229 at
Ranade Road, Tilakwadi, Belagavi in lieu of acquired
property of respondent No.1 and respondent No.1 has put
up construction on the said property and residing therein.
When things stand thus, there is no justification
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whatsoever on the part of the appellant-corporation to
deny the legitimate, lawful entitlement of the respondent
No.1 to get the sale deed executed in his favour. It is
admitted fact that, in lieu of acquired property, no
compensation has been paid by the appellant-corporation
in favour of the respondent No.1. The delay in execution of
the sale deed in favour of the respondent No.1 is in
violation of constitutional right guaranteed in favour of the
respondent No.1 under Article 300-A of the Constitution of
India. The non-execution of the deed of conveyance by the
appellant-corporation is an arbitrary and illegal act
contrary to their own resolution dated 14.12.1995. Any
further delay on the part of the appellant would cause
injustice to the respondent No.1.
9. The learned Single Judge on appreciation of the
material available on record, by well reasoned order has
directed the appellant to take necessary sanction from the
State Government and to execute sale deed in favour of
the respondent No.1 within a period of three months. This
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Court does not find any error in the finding recorded by
the learned Single Judge, calling for interference in this
appeal. The co-ordinate Bench of this Court in Writ Appeal
No.100158/2023 vide its order dated 05.10.2023 has
dismissed the appeal filed by the appellants in the case of
similarly placed person.
10. For the aforementioned reasons this Court is of
the considered view that, there is no merit in the appeal
filed by the appellant and accordingly the same is
dismissed. The appellant is directed to implement the
order of the learned single Judge within a period of three
months from the date of receipt of copy of today's order.
11. No order as to costs.
Sd/-
JUDGE
Sd/-
JUDGE
SVH
