JUNJAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) IN all the above Writ Petitions the petitioners have challenged the acquisition of their lands by the Bangalore Development Authority for the formation of Visweswaraiah Layout. As common questions of law and facts do arise for consideration in all these Writ Petitions, they are clubbed and heard together and disposed of by this common order.

(2.) THE petitioners in all these petitions could be broadly classified as under:-

(3.) THE brief facts areas under:-The Bangalore development Authority issued a notification under Sections 17 (1) and (3) of the Bangalore development Authority Act, 1976 (hereinafter fro short called as the Act) stating extent of 183 acres 7 guntas situated t Sonnenahall, 633 acres 18 guntas of Ramasandra Village, 38 acres 28 guntas situated in Kommaghatta Village and 75 acres 8 guntas in Kengeri Village all situated in Kengeri Hobli, Bangalore South Taluk, Bangalore District, are likely to be needed for the purpose of formation of a layout called Sir M. Visveswaraiah Layout. The said notification dated 14. 12. 2001 was published in the Karnataka Gazette on 24. 1. 2002. Therefore, they issued one more notification under Sections 17 (1) and (3) of the Act notifying 708 acres in Ullalu Village and 56 acres 25 guntas in Manganahally Village, both situated at Yshwanthapur Hobli, Bangalore North Taluk, Bangalore District as likely to be needed for the above said purpose i. e. , for the formation of layout called Sir M Vishveswaraiah II Stage Layout. The said notification is dated 15. 4. 2002 published in the Karnataka Gazette on 23. 5. 2002. The said notifications were issued after the BDA drew up a detailed scheme for the development of Bangalore Metropolitan Area. The said notifications also made it clear that the particulars of the scheme, the maps of the area comprised therein and the statement specifying the lands, which it is proposed to be acquired may be seen in the office of the Additional land Acquisition Officer, Bangalore Development Authority, Bangalore, during the office hours on all working days. It also called upon all persons interested in the said lands not to obstruct or interfere with any Surveyour or any persons employed upon the said lands for the purpose of said acquisition. It further said that contracts for the disposal of the said lands by sale, mortgage, assignment exchange or otherwise or any outlay or improvements made therein without sanction of the Deputy Commissioner (Land Acquisition), Bangalore Development Authority, Bangalore, after the date of publication of the notficatin shall under Section 24 of the Land Acquisition Act 1864, be disregarded by the officer assessing compensation for such parts of the said lands as may be finally acquired. Notice was given to all under sub-sections (1) and (3) of section 17 of the Act. In accordance with Section 36 of the Act, the Additional Land Acquisition Officer, BDA his staff and workmen were authorized to exercise the powers conferred under Section 4 (2) of Land Acquisition Act, 1894. It was also made cler that any person interested in the land may prefer his/her objections within 30 days from the date of publication of the notification to the Additional Land Acquisition Officer, Bangalore Development Authority, Bangalore. Accordingly, it appears that except to the extent of 93 acres 5 guntas objections were filed by persons interested to the remaining extent of land, i. e. , objections were filed opposing the acquisition of 1,695 acres 7 guntas. After considering the said objections, the BDA upheld the objections only in respect of 357 acres 25 guntas, for the reasons that land is situated within green belt, the land is a built upareas, nursery is situated on the land, land is a converted land, BMICP, land is utilized for Ashraya Scheme, Mutts temple and mosques are situated. However the Authority rejected the objections in respect of acquisition of remaining extent of land. Though two separate preliminary notifications were issued, they clubbed both these notifications and issued one final notification as Sir M. Vishveswaranagara and accordingly they submitted a report to the Government. In the report submitted by the BDA to the Government it was stated, out of the total extent of land to be notified for acquisition, namely 1,337 acres 22 guntas, about 4423 revenue site holders have purchased the revenue sites from the land owners. They have also filed their objections. Their objections have been over-ruled. But similar objections raised by site owners when lands were acquired for Anjanapura layout was the subject matter of several Writ Petitions and this Court by an order dated 20. 7. 2001 passed an order directing the authorities to allot sites measuring 30 x 40 in favour of revenue site holders who had purchased the sites prior to the issue of preliminary notification subject to the conditions mentioned in the said order. It was also stated that the said benefit was not extended to persons who had purchased sites under GPAs or persons who have entered into agreement to purchase or purchased after the preliminary notification. Therefore, they also recommended to the Government that the revenue site holders in the land proposed for acquisition could also be extended the same benefit in terms of the said order. Thereafter, they submitted a report to the effect that in the layout to be formed they will be able to form 4,648 sites measuring 6 x9 meters, 5,436 sites measuring 9 x12 meters 3868 sites measuring 12 x18 meters and 1,506 sites measuring 15 x 24 meters. They also set out that 42% of the total land acquired nearly 561. 55 acres would be earmarked for formation of sites, 15% of the total extent of land acquired measuring 200. 50 acres would be utilized for formation of parks and playgrounds, 10% of the land acquired roughly measuring 133. 50 acres would be utilized for civic amenities and 33% of the land acquired, namely 442 acres would be utilized for formation of roads. The total cost of the project was estimated at 286. 50 cores and they proposed to realize a sum of Rs. 336. 50 crores, thus the BDA would be making a profit of Rs. 50 crores. They also resolved that, if the land owners surrendered the lands without any objections coupled with the fact that they would not seek reference of the Civil Court for enhancement of compensation, land owners who are owners of the acquired land measuring above half acre and below one acre would be given a site measuring 30 x 40 in the layout formed at 25% of the cost price. Similarly, land owners who own more than one acre of land acquired would be entitled to 40 x 60 site per acre, the maximum being 10 acres at the cost of 25% of the price. The Government considered the said report submitted by the BDA, accorded sanction under Section 18 (3) of the Act subject to the condition that the BDA should not expect any financial assistance for implementation of the entire scheme. The Government made it clear that they would not stand as a guarantor for any loan to be borrowed by the BDA from any financial institutions. The Government would not be a party to any transactions entered into between the BDA and other authorities. Further it made it clear that before this agricultural lands are used for residential purpose for the said change of land use prior permission of the Government is to be obtained. The said sanction is published in the Karnataka Gazette on 30. 10. 2002. Thereafter, the Government has sanctioned the improvement scheme for the formation of Layout called Sir M. Visveswaraiah Layout by its order dated 30. 10. 2002 which was published in the Karnataka Gazette on 31. 10. 2002. The said final notification was issued after combining the aforesaid two preliminary notifications. In the said final notification issued, an extent of 157 acres 30 guntas in Kengeri Village, which are all situated in Kengeri Hobli and 552 acres 15 guntas situated in Ullalu Village and 41 acres 21 guntas situated in Manganhally Village, both situated in Yeshwanthapura Hobli, all situated inbangalore south Taluk, Bangalore district, in all measuring 1337 acres 22 guntas was declared to be required for the formation of Sir M. Visveswaraihnagara layout. Aggrieved by the said notifications and the acquisition proceedings, the petitioners have preferred these petitions.