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C. Jacob v/s The Secretary Department Of Housing & Urban Development, Bangalore & Another


Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = U74899DL1970GOI005276

Company & Directors' Information:- HOUSING AND URBAN DEVELOPMENT CORPORATION LIMITED [Active] CIN = L74899DL1970GOI005276

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- N S T HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70109WB2001PTC093885

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- S K HOUSING DEVELOPMENT COMPANY PVT LTD [Amalgamated] CIN = U45201WB1990PTC048531

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- AMP URBAN INDIA PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164960

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- R J JACOB LTD [Strike Off] CIN = U51109WB1949PLC018230

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- U R HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036764

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- R & S HOUSING DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70102TN2009PTC071067

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    Writ Petition No. 33803 Of 2016 (LA-BDA)

    Decided On, 10 February 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE R. DEVDAS

    For the Petitioner: Suresh S Lokre, Advocate. For the Respondents: R1, H.K. Basavaraj, AGA, R2, M.N. Sudev Hegde, Advocate.



Judgment Text


(Prayer: This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to allow the above W.P. and quash the final notification dated 09.01.1985 passed by respondent at Annex-a as being illegal and without jurisdiction and etc.)

Oral:

Though the matter is coming up for "Hearing on Interlocutory Application", with the consent of the learned counsels on both sides, the matter is taken up for final disposal.

2. The prayer in this petition is to declare that the acquisition proceedings in respect of the petition schedule properties i.e., Sy.No.36/4, Hennur Village has lapsed on account of the endorsement issued by the 2nd respondent-BDA on 24.08.2005, at Annexure-D.

3. Learned counsel for the petitioner submits that the Additional Land Acquisition Officer has issued an endorsement dated 24.08.2005 at Annexure-D stating that 3 acres 20 guntas of land in Sy.No.36/4, which was notified for acquisition for the purpose of HBR I Stage Layout, and where final notification was issued on 09.1.1985, however award has not been made in view of the fact that there are unauthorized construction in the land in question.

4. The learned counsel for the petitioner further draws the attention of this Court to the statement of objections filed by the 2nd respondent- BDA, where at para No.5 it has been stated that after the issuance of the final notification possession has not been taken nor award has been drawn with respect to the land in question and no further action has been taken with respect to the balance extent of land.

5. Learned counsel for the petitioner submits that under similar circumstances, in W.P.No.3596- 97/2014, which was disposed of on 26.02.2014, this Court declared that the land having not been utilized for the purpose for which it was acquired and since no award had been passed, the acquisition proceedings could not be permitted to pursue. A Division Bench in the case of Bangalore Developmetn Authority /vs./ State of Karnataka, represented by Principal Secretary, Department of Housing and Urban Development and Others, reported in ILR 2018 KAR 2144 noticed the decision of another Division Bench in the case of H.N.Shivanna and others /vs./ The State of Karnataka and another reported in 2013(4) KCCR 2793. There, it was noticed that the Apex Court in the case of Ramchand and others /vs./ Union of India and others reported in 1994 (1) SCC 44 had held that two years is reasonable time within which a final declaration has to be issued, if there are no hurdles placed in the acquisition by the land owners or if there are no hurdles in law. Even in the absence of any such prescription expressly provided under the statute, having regard to the fact that the right to property is a constitutional right and the person whose land is sought to be acquired is entitled to compensation at the market rate, such a compensation has to be paid to him at the earliest and therefore, the power of acquisition should be exercised within a reasonable time so that the persons who lost the land are duly compensated at the earliest point of time. However in that case, the Division Bench noticed that though the final notification was issued in the year 1971, neither the award was passed nor possession was taken by paying compensation. Therefore, it was held that the acquiring body had neither exercised its power within a reasonable time nor has it completed acquisition proceedings within a reasonable period. Consequently, the appeal was allowed and it was declared that the acquisition proceedings in respect of the land in question has stood abandoned and consequently lapsed.

6. In the light of the above, this Court finds that the respondent-BDA has in fact admitted that the preliminary notification was issued on 27.06.1978 and final notification was issued on 09.01.1985 and thereafter no award has been passed nor possession of the land in question has been taken in accordance with law. In the endorsement dated 28.04.2005 nothing is stated regarding any impediment in passing the award or payment of compensation. Therefore, in

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the light of the decisions mentioned above and for the reasons stated therein, this court proceeds to pass the following ORDER (i) The writ petition is allowed. (ii) It is hereby declared that the acquisition proceedings in respect of the land in question has stood abandoned and consequently lapsed. 7. In view of the disposal of main matter, interlocutory applications, if any, do not survive for consideration.
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