Karnataka High Court

The Commissioner vs Basappa S/O Mahadevappa Kabanur on 9 February, 2024

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                                               -1-
                                                       NC: 2024:KHC-D:3024
                                                         RP No. 100059 of 2018
                                                     C/W RP No. 100041 of 2018,
                                                         RP No. 100057 of 2018,
                                                         RP No. 100058 of 2018


                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                           DATED THIS THE 9TH DAY OF FEBRUARY, 2024
                                             BEFORE
                        THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
                              REVIEW PETITION NO. 100059 OF 2018
                                            C/W
                              REVIEW PETITION NO. 100041 OF 2018
                              REVIEW PETITION NO. 100057 OF 2018
                              REVIEW PETITION NO. 100058 OF 2018

                   IN RP NO.100059/2018

                   BETWEEN:

                   1.   THE COMMISSIONER
                        KARNATAKA HOUSING BOARD,
                        CAVERY BHAVAN,
                        BENGALURU-560009,
                        REPRESENTED BY THE
                        ASST. EXECUTIVE ENGINEER,
                        HAVERI DIVISION,
                        HAVERI.

                   2.   THE SPECIAL LAND ACQUISION OFFICER,
                        KARNATAKA HOUSING BOARD,
SUJATA                  CAUERY BHAVAN,
SUBHASH                 BENGALURU
PAMMAR

Digitally signed                                                   ...PETITIONERS
by SUJATA
SUBHASH            (BY SRI. SHARMILA M PATIL, ADVOCATE)
PAMMAR
Date: 2024.02.19
02:45:14 -0800     AND:

                   1.   RAMAPPA S/O VEERABASAPPA KABANUR
                        AGE: 50 YEARS,
                        OCC: AGRICULTURE,
                        R/O: VIRAKTAMATHADA ONI,
                        SHIGGAON,
                        TQ: SHIGGAON,
                        DIST: HAVERI.
                             -2-
                                    NC: 2024:KHC-D:3024
                                      RP No. 100059 of 2018
                                  C/W RP No. 100041 of 2018,
                                      RP No. 100057 of 2018,
                                      RP No. 100058 of 2018


2.   CHINNAPPA S/O KALLAPPA KABANUR
     AGE: 55 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

3.   BASAPPA S/O KALLAPPA KABANUR
     AGE: 52 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

4.   THE STATE OF KARNATAKA
     REP. BY THE SECRETARY TO GOVT.,
     HOUSING and URBAN DEVELOPMENT DEPT.,
     VIDHANA SOUDHA,
     BENGALURU-560001.


                                              ...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R4;
R1 TO R3 SERVED.)

      THIS REVIEW PETITION FILED UNDER ORDER XLVII RULE A
READ WITH SECTION 151 OF CPC, PRAYING TO THIS HON'BLE
COURT BE PLEASED TO REVIEW THE ORDER/JUDGMENT DATED
13.06.2017 AND RESTORE THE WRIT PETITION NO. 110273/2015
AND W.P NO.112605-606/2015(LA.KHB) TO ITS ORIGINAL FILE TO
MEET THE NEEDS OF JUSTICE AND EQUITY.


IN RP NO.100041/2018

BETWEEN:

1.   THE COMMISSIONER,
     KARNATAKA HOUSING BOARD,
     CAUVERY BHAVAN,
     BENGALURU-560009,
     REPRESENTED BY THE
                             -3-
                                    NC: 2024:KHC-D:3024
                                      RP No. 100059 of 2018
                                  C/W RP No. 100041 of 2018,
                                      RP No. 100057 of 2018,
                                      RP No. 100058 of 2018


     ASST. EXECUTIVE ENGINEER,
     HAVERI DIVISION,
     HAVERI.


2.   THE SPECIAL LAND ACQUISITION OFFICER,
     KARNATAKA HOUSING BOARD,
     CAUVERY BHAVAN
     BENGALURU-560009


                                                ...PETITIONERS

(BY SRI. SHARMILA M PATIL, ADVOCATE)

AND:

1.   BASAPPA S/O MAHADEVAPPA KABANUR
     AGE: 51 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI-581110.

2.   SHIVAPPA S/O MAHADEVAPPA KABANUR
     AGE: 48 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI-581110.

3.   THE STATE OF KARNATAKA
     REP. BY THE SECRETARY TO GOVT.,
     HOUSING and URBAN DEVELOPMENT DEPT.,
     VIDHANA SOUDHA,
     BENGLAURU-560001.


                                              ...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R3;
R1 AND R2 SERVED)
                             -4-
                                    NC: 2024:KHC-D:3024
                                      RP No. 100059 of 2018
                                  C/W RP No. 100041 of 2018,
                                      RP No. 100057 of 2018,
                                      RP No. 100058 of 2018


      THIS REVIEW PETITION FILED UNDER ORDER XXXXVII RULE 1
READ WITH SECTION 151 OF CPC, PRAYING TO THAT THIS HON'BLE
COURT BE PLEASED TO REVIEW THE ORDER/JUDGMENT DATED
13.06.2017 AND RESTORE THE WRIT PETITION NO.102545/2015 TO
ITS ORIGINAL FILE TO MEET THE ENDS OF JUSTICE AND EQUITY.

IN RP NO.100057/2018

BETWEEN:

THE COMMISSIONER
KARNATAKA HOUSING BOARD,
CAUVERY BHAVAN,
BENGLAURU-560009,
REPRESENTED BY THE
ASST. EXECUTIVE ENGINEER,
HAVERI DIVISION,
HAVERI.

                                                 ...PETITIONER
(BY SRI. SHARMILA M PATIL, ADVOCATE)

AND:

1.   MALLESHAPPA S/O NAGAPPA YALAVIGI
     AGE: 43 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

2.   THE STATE OF KARNATAKA
     REP. BY THE SECRETARY TO GOVT.,
     HOUSING and URBAN DEVELOPMENT DEPT.,
     VIDHANA SOUDHA,
     BENGLAURU-560001.


                                              ...RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R2;
NOTICE TO R1 HELD SUFFICIENT)
                             -5-
                                    NC: 2024:KHC-D:3024
                                      RP No. 100059 of 2018
                                  C/W RP No. 100041 of 2018,
                                      RP No. 100057 of 2018,
                                      RP No. 100058 of 2018


      THIS REVIEW PETITION FILED UNDER ORDER XXXXVII RULE 1
READ WITH SECTION 151 OF CPC, PRAYING TO THAT THIS HON'BLE
COURT BE PLEASED TO REVIEW THE ORDER/JUDGMENT DATED
13.06.2017 AND RESTORE THE WRIT PETITION NO.110275/2015 TO
ITS ORIGINAL FILE TO MEET THE ENDS OF JUSTICE AND EQUITY.

IN RP NO.100058/2018

BETWEEN:

1.   THE COMMISSIONER
     KARNATAKA HOUSING BOARD,
     CAVERY BHAVAN,
     BENGALURU-560009,
     REPRESENTED BY THE
     ASST. EXECUTIVE ENGINEER,
     HAVERI DIVISION,
     HAVERI.

2.   SPECIAL LAND ACQUISITION OFFICER,
     KARNATAKA HOUSING BOARD,
     CAUVERY BHAVAN,
     BENGALURU-560009

                                                ...PETITIONERS
(BY SRI. SHARMILA M PATIL, ADVOCATE)

AND:

1.   IRAPPA S/O SANNABASAPPA KARADAGI
     AGE: 67 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

2.   RAMAPPA S/O SANNABASAPPA KARADAGI
     AGE: 55 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.
                             -6-
                                    NC: 2024:KHC-D:3024
                                      RP No. 100059 of 2018
                                  C/W RP No. 100041 of 2018,
                                      RP No. 100057 of 2018,
                                      RP No. 100058 of 2018



3.   YALLAPPA S/O SANNABASAPPA KARADAGI
     AGE: 52 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

4.   BASAVARAJ S/O NINGAPPA KARADAGI
     AGE: 30 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

5.   PARASHURAM S/O NINGAPPA KARADAGI
     AGE: 28 YEARS,
     OCC: AGRICULTURE,
     R/O: VIRAKTAMATHADA ONI,
     SHIGGAON,
     TQ: SHIGGAON,
     DIST: HAVERI.

6.   THE STATE OF KARNATAKA
     REP. BY THE SECRETARY TO GOVT.,
     HOUSING and URBAN DEVELOPMENT DEPT.,
     VIDHANA SOUDHA,
     BENGALURU-560001.


                                              ...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP FOR R6)

      THIS REVIEW PETITION FILED UNDER ORDER XXXXVII RULE 1
READ WITH SECTION 151 OF CPC, PRAYING TO THAT THIS HON'BLE
COURT BE PLEASED TO REVIEW THE ORDER/JUDGMENT DATED
13.06.2017 AND RESTORE THE WRIT PETITIONNO.110274/2015 &
WP 112607/2015 (LA-KHB), TO ITS ORIGINAL FILE TO MEET THE
ENDS OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                                   -7-
                                          NC: 2024:KHC-D:3024
                                            RP No. 100059 of 2018
                                        C/W RP No. 100041 of 2018,
                                            RP No. 100057 of 2018,
                                            RP No. 100058 of 2018



                                ORDER

The petitioners have sought to review the order passed by this Court, by which, the notification dated 20.12.2013 issued under Section 4(1) of the Land Acquisition Act published in the official gazette on 27.02.2014 was quashed by this Court relying on the resolution dated 11.01.2017 passed by the Karnataka Housing Board expressing difficulty to pay compensation to the owners of land under the provisions of 2013 Act, and resolving to form a site only in respect of the land of those persons who have agreed to share developed land in ratio indicated in the resolution and to forward papers to the Revenue Department of the State for dropping up acquisition proceedings in respect of the lands of those persons who were not willing to share developed lands. Against identical order the petitioner/Karnataka Housing Board had filed W.A.No.100266/2021 and the Division Bench of this Court set aside the order passed by the Co-Ordinate Bench of this Court quashing the notification by observing as follows:

"6. Having heard the learned Senior Counsel for the appellant-KHB, the learned counsel Sri.K.L.Patil for the contesting private respondents and the learned HCGP, this Court is of the considered opinion that since the writ petitions were disposed of recording the concession made by the learned counsel who appeared on behalf of the KHB, the matter requires reconsideration. The writ petitioners had raised several grounds in the writ petitions and if the KHB seeks a decision on the merits of the matter, then the writ petitions is to be considered on merits. Needless to observe that the resolution dated 08.12.2016 which is sought to be relied upon by the writ petitioners may also be considered while disposing of the writ petitions on merits."

NC: 2024:KHC-D:3024

C/W RP No. 100041 of 2018, RP No. 100057 of 2018,

2. Therefore, these review petitions also require to be disposed off in light of the order passed by the Hon'ble Division Bench of this Court. Accordingly, I proceed to pass the following:

ORDER

i) The review petitions are allowed.

       ii)    The order dated 13.06.2017 passed in WP
                No.110273/2015          112605-606/2015      are
                hereby set aside.