Karnataka High Court
Lakshmamma vs The State Of Karnataka on 23 January, 2023
Bench: Krishna S.Dixit
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WP No. 15452 of 2007
C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO.15452/2007(LA-KIADB)
C/W
WRIT PETITION NOS.40343/2004, 40382/2004,
11727/2006, 21456/2009(LA-KIADB)
IN W.P.NO.15452/2007:
BETWEEN:
M/S MOOLA INVESTMENTS (INDIA) PVT LTD.,
A COMPANY REGISTERED UNDER
THE COMPANIES ACT AND HAVING ITS
REGD.OFFICE AT NO.39/9,
LALBAGH ROAD,BANGALORE-27,
REP.BY ITS MANAGING DIRECTOR,
SRI RANGA MOOLA,
AGED ABOUT 39 YEARS
...PETITIONER
(BY SRI. AJESH KUMAR S, ADVOCATE)
Digitally
signed by AND:
CHETAN B C
Location:
HIGH
COURT OF
1. THE STATE OF KARNATAKA
KARNATAKA BY ITS PRINCIPAL SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
M.S.BUILDING,
BANGALORE-560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,NO.14/3,2ND FLOOR,
RASHROTHANA PARISHAT BUILDING,
NRUPATHUNGA ROAD,
BANGALORE-560 001.
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WP No. 15452 of 2007
C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
3. THE SPECIAL LAND ACQUISITION OFFICER
THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD,ZONAL OFFICE,
NO.488/B,14TH CROSS, KIADB COMPLEX,
III BLOCK, IV PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE-560 038.
4. SRI P NARAYANAPPA,
S/O LATE.CHIKHAPILLIAH,
AGED ABOUT 85 YEARS,
R/AT.BELLANDUR VILLAGE,
VARTHUR HOBLI,
BANGALORE EAST TALUK.
4A. SRI.B.N.RAMAIAH REDDY,
S/O MR P NARAYANAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4B. SRI.B.R.THIRUMALA BABU,
S/O B N RAMAIAH REDDY,
AGED ABOUT 36 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4C. SRI.B.R.SABANDA GANESH,
S/O B N RAMAIAH REDDY,
AGED ABOUT 24 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
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C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
4D. SRI.B.N.VASUDEVA REDDY,
S/O MR P NARAYANAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4E. SRI.B.N.JANARDHANA REDDY,
S/O MR P NARAYANAPPA,
AGED ABOUT 48 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4F. SRI.B.N.KRISHNA REDDY,
S/O MR P NARAYANAPPA,
AGED ABOUT 46 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4G. SRI.B.N.CHANDRASHEKAR,
S/O MR P NARAYANAPPA,
AGED ABOUT 44 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
4H. SRI.B.N.SOMASHEKAR REDDY,
S/O MR P NARAYANAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
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4I. SRI.B.J.SANDEEP,
S/O MR B.N.JANARDHANA REDDY,
AGED ABOUT 48 YEARS,
RESIDING AT NO.401,
P NARAYANAPPA COMPOUND,
S.NO.78/3, BELLANDUR OUTER RING ROAD,
BANGALORE - 560 103.
AMENDED V.C.O DATED 01.03.2017
... RESPONDENTS
(BY SRI. R SRINIVASA GOWDA, AGA FOR R1;
SRI. H L PRADEEP KUMAR, ADVOCATE FOR R2 TO R4;
SMT.NALINA K, ADVOCATE FOR
SRI. S K VENKATA REDDY, ADVOCATE FOR R4(D);
R4(F) & R(G) ARE SERVED & UNREPRESENTED;
NOTICE TO LRS OF R4(A),(B),(C),(E),(H),(I) ARE H/S
V.C.O DATED 06.02.2017)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DT.12.9.2007 ISSUED BY
RESPONDENT NO.1 THAT IS, ANNEX-F.
IN W.P.NO.40343/2004:
BETWEEN:
1. SRI.P NARAYANAPPA,
AGED ABOUT 85 YEARS,
S/O LATE CHIKKAPILLAIAH,
R/O BELLANDUR VILLAGE,
VARTHUR HOBLI,
BANGALORE EAST TALUK.
2A. SRI.B C ANKAPPA,
S/O LATE CHINNAPPA,
AGED ABOUT 60 YEARS,
2B. SRI.B C PAPANNA,
S/O LATE CHINNAPPA,
AGED ABOUT 56 YEARS,
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BOTH ARE R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
3A. SMT.LALITHAMMA
W/O B.N.VENKATARAMANA REDDY,
AGED ABOUT 57 YEARS,
3B. B N VENKATARAMANA REDDY,
S/O NANJUNDAPPA,
AGED ABOUT 62 YEARS,
BOTH ARE R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
4A. SMT. NIRMALA,
W/O JAYAPPA REDDY,
AGED ABOUT 46 YEARS,
4B. SRI. JAYAPPA REDDY,
S/O YANGA REDDY,
AGED ABOUT 53 YEARS,
BOTH ARE R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
5. VENKATASWAMY REDDY,
S/O LATE RAMAIAH REDDY,
AGED ABOUT 75 YEARS,
R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
6. SRI.VENKATASWAMY REDDY,
S/O LATE RAMAIAH REDDY,
AGED ABOUT 75 YEARS,
R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
7. SMT. PARVATHAMMA,
W/O LATE B.M.KRISHNAPPA,
AGED ABOUT 60 YEARS,
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WP No. 15452 of 2007
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11727/2006, 21456/2009
R/O BELLANDUR VILLAGE,
VARTHUR HOBLI, BANGALORE EAST TALUK.
8. SMT.SARASAMMA,
AGED ABOUT 53 YEARS,
W/O M.NARAYANA REDDY,
R/O NO.647, 30TH MAIN,
11TH "B" MAIN, J.P.NAGAR,
BANGALORE 560 078.
9. SRI.H MUNIREDDY,
S/O LATE DODDAHANUMAPPA,
AGED ABOUT 71 YEARS,
R/O BELLANDUR VILLAGE,
BANGALORE EAST TALUK 560 037,
REPRESENTEDBY HIS GPA HOLDER,
SMT. SUNKAMMA,
AGED ABOUT 51 YEARS,
D/O M.KRISHNA REDDY.
(THE BENEFIT OF SENIOR CITIZEN IF
ANY NOT CLAIMED BY THE PETITIONERS)
...PETITIONERS
(BY SRI.SHARATH S GOWDA, ADVOCATE FOR P4(B);
PETITIONERS NO.3A, 3B, 4A, 7 & 8 ARE
SERVED & UNREPRESENTED;
PETITIONERS NO.2(A) IS DEAD AS
PER POSTAL TRACK SHEET)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT,
M.S.BUILDINGS, BANGALORE 560 001.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 14/3, II FLOOR,
RASTROTHANA PARISHATH BUILDING,
NRUPATHUNGA ROAD, BANGALORE 560 001.
REP. BY ITS EXECUTIVE MEMBER.
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WP No. 15452 of 2007
C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, ZONAL OFFICE,
PLOT NO.488/B, 14TH CROSS,
KIADB COMPLEX, III BLOCK,
IV PHASE, PEENYA INDUSTRIAL AREA,
BANGALORE 560 058.
4. M/S MOOLA INVESTMENTS (INDIA) PVT LTD.,
A COMPANY REGISTERED UNDER THE
COMPANIES ACT AND HAVING ITS REGISTERED
OFFICE AT NO.39/9, LALBAGH ROAD,
BANGALORE.
REP BY ITS M D SRI.RANGA MOOLA.
... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1;
SRI.P V CHANDRASHEKAR, ADVOCATE FOR R2 & R3;
SRI.AJESH KUMAR, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATIONS ISSUED BY R-1 DT.10-12-2001
VIDE ANN.A, B & C AND DT.7-5-2004 VIDE ANN.D, IN SO FAR
AS THESE NOTIFICATIONS RELATE TO THE LANDS OF THE
PETRS. ALL SITUATED IN BELLANDUR, DEVARABISANAHALLI
AND AMANIKHANE BELLANDUR VILLAGE, VARTHUR HOBLI,
BANGALORE EAST TALUK, BANGALORE, AS IN THE SCHEDULE.
IN W.P.NO.40382/2004:
BETWEEN:
1. LAKSHMAMMA,
W/O NARAYANAPPA,
AGED ABOUT 60 YEARS,
R/A BELLANDUR VILLAGE,
VARTHUR HOBLI,
BANGALORE EAST TALUK.
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2. SRI.JEET LAL RAMJI PATEL LIMBANI,
S/O LT CHINNAPPA.
AGED ABOUT 62 YEARS,
R/A NANJUNDESHWAR NILAYA,
MUNNEKOLALU VILLAGE, VARTHUR HOBLI,
BANGALORE 560 037.
3A. SRI.H MUNIREDDY,
S/O LT DODDAHANUMAPPA,
AGED ABOUT 73 YEARS
R/A BELLANDUR VILLAGE,
BANGALORE EAST TALUK.
3B. SRI. M VENUGOPAL,
AGED ABOUT 46 YEARS,
S/O SRI H MUNIREDDY,
3C. SRI. M RAJENDRA,
AGED ABOUT 42 YEARS,
S/O SRI H MUNIREDDY,
ALL ARE RESIDENTS OF BELLANDUR VILLAGE,
VARHTUR HOBLI, BANGALORE EAST TALUK.
3D. SRI.M.ANAND,
AGED ABOUT 50 YEARS,
S/O SRI H MUNIREDDY,
RESIDING AT NO.105, 4TH BLOCK,
7TH MAIN, JAYANAGAR,
BANGALORE - 560 011.
...PETITIONERS
(PETITIONER NO.3A,3N,3C ARE SERVED & UNREPRESENTED)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
INDUSTRIES DEPARTMENT, M S BUILDINGS,
BANGALORE 560 001.
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C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 14/3, II FLOOR,
RASHTROTHANA PARISHATHBUILDING,
NRUPATHUNGA ROAD, BANGALORE 560 001.
R/BY ITS EXECUTIVE ENGINEER.
3. THE SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, ZONAL OFFICE,
PLOT NO.488/B, 14TH CROSS,
KIADB COMPLEX, III BLOCK,
IV PHASE, PEENYA INDUSTRIAL AREA,
BANGALORE 560 058.
... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1;
SRI.P V CHANDRASHEKAR, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATIONS ISSUED BY R-1 DT.10-12-2001
VIDE ANN.A, B & C AND DT.7-5-2004 VIDE ANN.D, IN SO FAR
AS THESE NOTIFICATIONS RELATE TO THE LANDS OF THE
PETRS. ALL SITUATED IN BELLANDUR, DEVARABISANAHALLI
AND AMANIKHANE BELLANDUR VILLAGE, VARTHUR HOBLI,
BANGALORE EAST TALUK, BANGALORE, AS IN THE SCHEDULE.
IN W.P.NO.11727/2006:
BETWEEN:
M/S MOOLA INVESTMENTS (INDIA) PVT LTD.,
OFFICE AT NO.39/9, LALBAGH ROAD,
BANGALORE-27.
REPRESENTED BY ITS MANAGING DIRECTOR
SRI. RANGA MOOLA
S/O SRI.M. BHAKTHAVATSALA,
AGED ABOUT 39 YEARS,
...PETITIONER
(BY SRI.AJESH KUMAR S, ADVOCATE)
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WP No. 15452 of 2007
C/W WP Nos. 40343/ 2004, 40382/ 2004.
11727/2006, 21456/2009
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT
M.S.BUILDING, BANGALORE-01.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 14/3, IIND FLOOR,
RASHTROTHANA PARISHATH BUILDING,
NRUPATHUNGA ROAD, BANGALORE-01.
REP.BY ITS EXECUTIVE MEMBER.
3. THE SPL LAND ACQUISITION OFFICER,
KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, ZONAL OFFICE,
PLOT NO.488/B, 14TH CROSS,
KIADB COMPLEX, III BLOCK,
IV PHASE, PEENYA INDUSRIAL AREA,
BANGALORE-58.
4. SMT SARASAMMA,
W/O SRI.M. NARAYANA REDDY,
AGED ABOUT 55 YEARS,
R/AT NO.647, 30TH MAIN,
11TH B MAIN, J.P NAGAR,
BANGALORE-78.
5. SMT.NANDHINI ALVA,
D/O LATE SETH,
NO.517, RMV EXTENSION,
BANGALORE - 560 080.
... RESPONDENTS
(BY SRI. SRINIVASA GOWDA, AGA FOR R1;
SRI. P V CHANDRASHEKAR, ADVOCATE FOR R2 & R3;
SRI. VIVEK HOLLA, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DT. 21.6.2006 ISSUED BY THE R1
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11727/2006, 21456/2009
AND PRODUCED AT ANNEXURE F AND DIRECT THE
RESPONDENTS TO PAY COSTS OF THIS WRIT PETITION TO THE
PETITIONER.
IN W.P.NO.21456/2009:
BETWEEN:
M/S MOOLA INVESTMENTS (INDIA) PVT LTD.,
A COMPANY REGISTERED UNDER THE COMPANIES ACT
AND HAVING ITS REGD. OFFICE NO.39/9,
LALBAGH ROAD, BANGALOER 27,
REP.BY ITS MANAGING DIRECTOR.
SRI RANGA MOOLA
S/O SRI A BHAKTAVATASALA,
AGED ABOUT 52 YEARS.
...PETITIONER
(BY SRI. AJESH KUMAR S, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECREARY,
COMMERCE AND INDUSTRIES DEPARTMENT ,
M.S.BUILDING, BANGALORE - 01.
2. THE KARNATAKA INDUSTRIAL AREA
DEVELOPMENT BOARD, 14/3,
IIND FLOOR, RASHTROTHANA PARISHATH BLDG.,
NARUPATHUNGA ROAD, BANGALORE - 1
REP. BY ITS EXECUTIVE MEMBER.
3. THE SPECIAL LAND ACQUISITION OFFICER
KARNATAKA INDUSTREIAL AREA
DEVELOPMENT BOARD, ZONAL OFFICE,
PLOT NO.488/B, 14TH CROSS,
KIADB COMPLEX, III BLOCK, IV PHASE,
PEENYA INDUSTRIAL AREA,
BANGALORE - 58.
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4. SMT AMMAYAMMA
W/O RAMAIAH,
SINCE DEAD BY LRS
4A. SMT KANTHAMMA,
AGED ABOUT 53 YEARS,
D/O LAET SMT.AMMAYAMMA,
4B. SMT.JAYALAKSHMI,
AGED ABOUT 50 YEARS,
D/O LATE SMT. AMMAYAMMA,
4C. SRI.RAMESH,
AGED ABOUT 45 YEARS,
S/O LATE SMT.AMMAYAMMA,
RESPONDENTS 4A TO 4C ARE RESIDING
AT NO.37, 5TH CROSS, BELLANDUR,
BANGALORE 560 103.
5. SRI KRISHNAPPA,
R/AT NO.37, 5TH CROSS, BELLANDUR,
BANGALORE 560 103.
6. SRI CHIKKAMUNIYAPPA,
R/AT NO.37, 5TH CROSS, BELLANDUR,
BANGALORE 560 103.
AMENDED V,C.O DATED 08/07/2022
... RESPONDENTS
(BY SRI.R SRINIVASA GOWDA, AGA FOR R1;
SRI.P V CHANDRASHEKAR, ADVOCATE FOR R2 & R3;
V.C.O DATED 08.07.2022 NOTICE TO R4(A TO C) IS H/S;
R5 SERVED BUT UNREPRESENTED;
R6 SERVED THROUGH HAND SUMMONS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE NOTIFICATION DT. 3.5.08 ISSUED BY THE R1
VIDE ANX-F.
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THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE
FOLLOWING:
ORDER
There are two sets of challenge in these Petitions: in
W.P.Nos. 40343/2004 & 40382/2004, the land owners
have laid a challenge to the acquisition proceedings taken
up under the provisions of the Karnataka Industrial Areas
Development Act, 1966, which commenced with the
issuance of Preliminary Notification dated 10.12.2001
issued u/s 28(1) followed by the enquiry under Section
28(3) dated 18.11.2003 and culminating in the issuance of
the Final Notification dated 7.5.2004 u/s 28(4) and
eventually resulting into the issuance of Possession
Delivery Notice dated 3.9.2004 u/s 28(6) of the 1966 Act.
2. Learned counsel appearing for the Petitioner-
land owners argued that these lands are not required for
the purpose for which they are notified for acquisition; this
fact becomes pronounced by virtue of denotification of
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these lands from the acquisition process; initially, the
acquisition was for the benefit of INFOSYS, which has
given up its claim; subsequently there being no named
beneficiary, Final Notification could not have been issued;
the acquisition process is continued only to benefit real
estate agents and thus, the same is vitiated by colourable
exercise of power; there is no valid scheme preceding the
acquisition; even the very Notification declaring the
petition lands and other lands as an 'industrial area' itself
is without due application of mind; the entire process of
acquisition is vitiated because of the involvement of
middlemen; part of the lands are reserved as park and
open spaces under the provisions of the Bangalore
Development Authority Act, 1976 and therefore, these
lands cannot be acquired. So contending, they seek
invalidation of the acquisition proceedings.
3. In the companion three cases i.e.,
W.P.No.11727/2006, W.P.No.15452/2007 &
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W.P.No.21456/2009, the beneficiary of acquisition seeks
to lay a challenge to the three Notifications dated
21.03.2006, 12.09.2007 & 3.5.2008 issued by the
government whereby, the subject lands have been
dropped from acquisition process. Learned counsel for the
Petitioner vehemently argued that these Notifications are
issued with malafide; they are issued without jurisdiction &
jurisdictional facts; they are bad in being unilaterally
issued with no notice to Petitioner-Company which has
already paid a huge money; once the objections of the
land owners were overruled and Final Notification was
issued, the government is absolutely not justified in
issuing the impugned Notifications; the then Deputy Chief
Minister/Minister is instrumental in all this for obvious
reasons. So contending, he seeks invalidation of the said
Notifications, so that the acquisition process would be
accomplished and land would fall into the hands of his
client.
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4. Learned AGA appearing for the government
maintained equidistance from the land owners and the
beneficiary of acquisition. He made legal submissions
substantially based upon the Statement of Objections filed
in the Writ Petitions of the land owners. Learned counsel
appearing for the beneficiary made submissions in
justification of the acquisition process and for the
invalidation of denotification of the lands. The contentions
which he took up to oppose the land owners petitions are
broadly the contentions which the beneficiaries have taken
up in its Writ Petitions. Since common questions of law &
facts are involved, all these petitions with the concurrence
of the Bar were taken up for hearing. Having heard the
learned counsel for the parties and having perused the
Petition Papers, this Court is inclined to grant indulgence
in the challenge to de-notification of the land and to
decline interference in the challenge to the acquisition, for
the following reasons:
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(A) AS TO CHALLENGE BY THE BENEFICIARY
COMPANY TO THE DENOTIFICAITON OF LANDS:
(i) The vehement contention of advocates appearing
for the land owners that the 'so called' beneficiary
company has no locus standii for laying a challenge to the
de notification is bit difficult to countenance. In fact, the
beneficiary company had sought for allocation of lands
although after the preliminary notification was issued
earmarking the lands for acquisition. It had made the
payment of a huge sum of money, to the KIADB
admittedly, in terms of the extant allotment norms.
However, a bit later its request for the petition lands was
agreed to by the authorities with the concurrence of the
government. If de notification is sustained, what would be
at crises is the interest of this prospective allotee. Thus, it
has sufficient locus standii to maintain the challenge. This
view accords with the observations of the Division Bench
in its judgment dated 09.01.2015 rendered in beneficiaries
Writ Appeal No. 2399-2400/2010 between M/s MOOLA
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INVESTMENTS (INDIA) PVT. LTD vs. STATE OF
KARNATAKA It is submitted at the bar that there was no
further challenge to the said judgment; therefore, the
same has attained finality at least as between the parties,
if not others.
(ii) The scheme of acquisition of land envisaged
under the provisions of 1966 Act is a bit in variance with
that of the erstwhile Land Acquisition Act, 1894, so far as
vesting of the acquired land in the State is concerned.
Ordinarily, under the 1894 Act, the land will vest in the
State once the award is passed and possession is taken,
subject to certain exceptions which may not be of much
relevance for our discussion. In the case of acquisition
under the 1966 Act, the land will vest in the State once
the Final Notification is issued u/s 28(4) and the question
of taking possession and passing award would arise later.
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(iii) The above view gains support from the Division
Bench decision in W.P.No.17600/2004 etc., between Nandi
Infrastructure Corridor Enterprise Limited vs. State &
Others, disposed off on 15.06.2011. In these cases
significantly, the KIADB happened to be the 2nd
Respondent. Having analyzed the provisions of Section 28
of the 1966 Act, the Bench at paragraph 19 reiterated the
legal position with the following observation:
"Under the Land Acquisition Act, Section 16
of the Act contemplates vesting of the land with
the Government. Under the said Act, the lands
under acquisition get vested with the
Government when the Collector makes an award
under Section 11 of the Land Acquisition Act and
the Government takes possession. The situation
is entirely different under KIAD Act. After the
final notification under Section 28(4) of KIAD
Act, the lands get vested in the Government by
virtue of Section 28(5) of the Act by operation of
law and it does not depend upon passing of any
award by the Land Acquisition Officer. Therefore,
though Sections 28(1) and 28(4) of the KIAD Act
contemplates preliminary and final notifications
for acquisition of land, when once final
notification under Section 28(4) of the Act get
published, the land vests with the State
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Government as contemplated under Section
28(5) of the Act..."
(iv) Section 48 of the 1894 Act is structured on a
legal premise arising from the statutory scheme that the
government will have power to drop acquisition
proceedings at any stage before possession is taken;
obviously, that is the stage at which land is yet to vest in
the State. As already observed above, the vesting of land
in the State would happen on the passing of the award
and taking its possession. The Division Bench in NANDI
INFRASTRUCTURE, supra, framed the question at
paragraph 19: '...Therefore, now the question is whether
the State Government could have de-notified these lands
after they vested with the State by virtue of notification
under Section 28(4) of the KIAD Act.' This question is
answered in the subsequent paragraphs of the decision in
a negative way. Of course, one of the factors for such a
view was that the beneficiary of acquisition was not heard
in the matter. However, it is only an added reason for the
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ratio and that the absence of such a reason would not rob
away the precedential force of the said decision, as rightly
argued by learned counsel for the Petitioner-beneficiary of
acquisition who too was admittedly not heard before the
denotification of lands. There is no much dispute at the
Bar that the lands in question have been vested in the
State by virtue of the Final Notification issued u/s 28(4) of
the 1966 Act on 7.5.2004, followed by the Possession
Delivery Notice issued u/s 28(6) on 3.9.2004.
(B) AS TO CULPABLE CONDUCT OF THE
GOVERNMENT:
(i) Firstly, it is not that the 1966 Act is of nascent
making and therefore, it was undergoing a virgin
interpretation when the impugned denotification of lands
was made. There is a plethora of decisions of the Apex
Court and of this Court which have fairly settled the
position of law as to the stage at which the lands can be
denotified from acquisition under the said Act, which is a
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bit in variance with the law arising u/s 48 of the 1894 Act.
The lands in question were acquired pursuant to the
Preliminary Notification dated 10.12.2001, followed by
rejection of land owners' objections on 18.11.2003; the
Final Notification came to be issued u/s 28(4) on 7.5.2004
and the Possession Delivery Notice u/s 28(6) was issued
on 3.9.2004 asking the land owners to peaceably
surrender the land within the cut-off date i.e., 8.10.2004.
(ii) One set of land owners filed
W.P.No.40382/2004 on 1.10.2004 and obtained interim
order of status quo on 5.10.2004. They had given a letter
dated 17.2.2006 requesting the then Deputy Chief Minister
to denotify the lands from acquisition. The records reveal
that the Law Department of Government, Law Section of
KIADB & then the Advocate General had opined in writing
that the proposed denotification is legally impermissible,
the lands already having vested in the State under the
provisions of the 1966 Act. The KIADB vide letter dated
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6.4.2004 and Udyoga Mitra of the government vide letter
dated 12.4.2004 had recommended for the allotment of
subject lands to the beneficiary company. Even a first year
law student would have understand the correct legal
position that once the lands have vested in the State on
the issuance of Final Notification u/s 28(4) followed by
Possession Delivery Notice u/s 28(6) of the 1966 Act, the
power to denotify or to exclude them from the notified
industrial area, would not avail. However, nothing deterred
the powers that be, from going ahead with the
denotification exercise. This Court is bewildered, to say the
least. The course of action that resulted into impugned
denotification gives abundant scope for the argument that
the same was actuated by an ulterior motive and
therefore, is vitiated by legal malafide. The issue of factual
malafide against the political executive is not examined
since they are not made arraigned as parties.
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(iii) What makes the things worse is that no
opportunity of hearing was afforded to the beneficiary of
acquisition though it had paid a sum of Rs.14,72,800/- by
State Bank of India cheque long before and had sought for
the allotment of these lands specifically. The Apex Court
in M/S. LARSEN & TOUBRO LIMITED VS. STATE OF
KARNATAKA AIR 1990 SC 208 mandated that in matters
like this, hearing of the beneficiary is a must. When one is
driven by an ulterior motive, once seldom heeds to the
warning of one's conscience if at all one has and one cares
not the dicta of the highest Arbitral Tribunal of the
country. 'More is not necessary to specify and less is
insufficient to leave it unsaid'. The KIADB in its Objections
to the land owners challenge to the acquisition has in so
many words stated about the requirement of these lands
for the purpose for which they have been notified for
acquisition.
CONCLUSION: The impugned denotification apart from
being incompetent, is actuated by the legal malafide.
Sustaining them would hit at the root of law, at the head
of reason and at the heart of justice.
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(C) AS TO LAND OWNERS CHALLENGE TO THE
ACQUISITION:
(i) The submission of learned Advocates appearing
for the Petitioner-land owners that the KIADB does not
require these lands, is bit difficult to countenance. The
acquisition process involves several stages wherein, high
functionaries act on the basis of the inputs given by
various State agencies. The Board constituted u/s 5 of the
1966 Act comprises of high functionaries of several
Departments of the Government having expertise in the
matter and therefore, their views having been found
worthy, the government went ahead with the acquisition
under the provisions of the 1966 Act. Essentially, it is for
the Executive to form an opinion as to the requirement of
land for the public purpose and the Writ Courts cannot run
a race of opinions, subject to all just exceptions into which
argued case of the land owners does not fit. Ordinarily, the
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Courts cannot substitute their opinion for that of the
Executive, more particularly in matters like this.
Petitioners' similar objections along with the other having
been examined by the competent authority, after the
issuance of Preliminary Notification have been turned
down in the enquiry that preceded the issuance of Final
Notification.
(ii) The submission of the Petitioners land owners
that 'en mass acquisition is being resorted without any
rationale or justification' and that many lands have been
dropped from the acquisition process depending upon the
influence and money power wielded by the real estate
developers, is too farfetched an argument. No material
particulars warranting the examination of said contention
have been pleaded, let alone proved. In fact, the
contention of the kind ordinarily does not avail when the
challenge to the acquisition is also structured on the
ground of non-application of mind. True it may be that
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certain lands have been denotified after duly considering
the objections of the land owners. That is consistent with
the very object of institutionalizing the enquiry after the
issuance of Preliminary Notification. Such objections
having already been looked into by the competent
authority, have been overruled. It is not pointed out at the
Bar as to which of the objections filed by the land owners
remained unconsidered before issuing the Final
Notification. Bald averments in the petition would not
much come to the aid of Petitioners.
(iii) The submission of Petitioner-land owners that
these are the lands on which they bank upon for eking out
their livelihood and therefore, they could not have been
acquired, is bit difficult to countenance. Had these lands
been acquired without payment of compensation, there
was scope for putting forth such a contention. However,
that is not the case. The Fundamental Right to property
that was guaranteed u/a 19(1)(f) no longer avails as such
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after the 42nd Amendment to the Constitution and now
that has been relegated to as a constitutional guarantee
u/a 300A, is true. The word 'law' appearing under this
Article is interpreted by the Apex Court as the legislation
made by the State or the Parliament. The 1966 Act being
a piece of legislation, the acquisition has been initiated &
accomplished under its provisions. The compensation is
also fixed. It is not the case of Petitioners that what has
been fixed as compensation is illusory. That being the
position, this contention cannot be countenanced.
In the above circumstances, this Court makes the
following:
ORDER
(i) The land owners' challenge to the acquisition of
subject lands in Writ Petition Nos.40343/2004 &
40382/2004 being devoid of merits, is unsustainable and
therefore, the said Writ Petitions are dismissed.
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(ii) The companion cases of the beneficiaries of
acquisition in W.P.Nos.15452/2007, 11727/2006 &
21456/2009 are hereby allowed; a Writ of Certiorari issues
quashing the impugned Notifications whereby Petition
lands have been dropped from acquisition process.
(iii) A Writ of Mandamus issues to the official
Respondents to accomplish the acquisition process on a
war footing inasmuch as more than two decades have
lapsed since the acquisition was commenced.
This Court very reluctantly refrains itself from levying
costs in the land owners' Writ Petitions.
Sd/-
JUDGE
Bsv/cbc
