1 IN THE HIGI I COURT OF KARNATAKA. BANGALORE DATED THIS THE 19 DAY OF I)ECEMBER. 2011 BEFORE TIlE HONBLE MR. JUSTICE N.KUMAR WRIT PETITION No.4536/2004 (LA-RESJ C/W WRIT PETITION NO.4990/2004 (LA-RES) IN W.P.NO.4536 OF 2004 BETWEEN KSULOCHANA W/O LATE T KRISHNA REDDY 68 YRS. HINDU. R/AT AT NO.174. SARAKKI VILLAGE. J P NAGAR POST. BANGALORE 560 078 2 BHAKTHAVATSALA S/0 LATE T KRISHNA REDDY 40 YRS. HINDU. R/ATAT NO.174 SARAKKI VILLAGE. 3 P NAGAR POST BANGALORE 560 078 3 GAYATHRI S K D/O LATE T KRISHNA REDDY 38 YRS. HINDU. 2 R/AT AT NO. 74. SARAKEI VILLAGE. J P NAGAR POST BANGALORE 560 078 4 DAYANII)HI 5/0 LATE T KRISHNA REDDY 36 YRS. HINDU. R/AT AT NO.174 SARAKKI VILLAGE, J P NAGAR POST BANGALORE 560 078 PETITIONERS (By Sri: C V NAGESH, ADV.) AND: THE STATE OF KARNATAKA REPTD BY ITS PRL SECY DEPT. OF COMMERCE AND II\DUSTRIES M S BLDG, VIDHANA VEEDHI, BANGALORE 560001 2 THE SPL LAND ACQUISITION OFFICER PODIUM BLOCK BLDG. VISVESWARAIAH TOWERS, 3RD FLOOR. BANGALORE 560 001 3 THE SPL DEPUTY COMMISSIONER BANGALORE SOUTH, BANGALORE URBAN DIST.. D C OFFICE COMPOUND, K G ROAD. BANGALORE 9 3 4 THE GEOLOGICAL SURVEY OF INDIA REPRESENTED BY ITS DEPUTY DIRECTOR GENERAL, AMSE WING, VASUDHA BHAVAN. KUMARASWAMY LAYOUT, BANGALORE - 560 078. 5 THE GEOLOGICAL SURVEY OF INDIA EMPLOYEES ASSOCIATION REP. BY ITSCHAIRMAN SRI KALEGOWDA VASUDHA BHAVAN, GSI COMPLEX, KUMARASWAMY LAYOUT, BANGALORE 560 078 RESPONDENTS (By Sri : M.KESHAVA REDDY, AGA FOR FOR RU3: SRI P.S.DINESH KUMAR, CGSC, FOR R4; SRI T KRISHNA, ADV, FOR R5J THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ThE AWARD DT. 56. 1992 PASSED BY THE R2 IN L.A.C.3428/84-85 IN SO FAR AS IT RELATES 3 ACRES 13 GUNTAS OF THE LAND BEARING SY.NO59 OF JARAGANAHALLI VILLAGE, UTFARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE IS CONCERNED AS PER ANX. G; THE SO CALLED AWARD NOTICE DT. 26.122003 PURPORTEDLY ISSUED BY R2 UNDER SECTION 12(2) OF THE LAND ACQUISITION ACT, 1894 AT ANX. E’ AND CONSEQUENTLY ANNUL THE ENTIRE ACQUISITION PROCEEDINGS RELATING TO THEIR LANDS NOTIFIED FOR ACQUISITION AS PER ANX. A DT. 19.3.1983 AND ANX. B DT. 11.9.1984. 4 IN W.P.No.4990 OF 2004 BETWEEN CRAMU S/O LATE CHINNASWAMY GOUNDAR MAJOR. R/O. NO.42, II CROSS. TATA SILK FARM, BANGALORE -04 BY 1-uS GPA HOLDER SYED NASEERUDDIN R/AT NO. 19/A, UMARBAGH LAYOUT KANAKAPURA ROAD WEST BANGALORE- 78 2 CRAMU S/0 LATE CHINNASWAMY GOUNDAR MAJOR. R/O. NO.42, II CROSS, TATA SILK FARM, BANGALORE -04 BY HIS GPA HOLDER SYED NASEERUDDIN R/AT NO.19/A, UMARBAGH LAYOUT KANAKAPURA ROAD WEST BANGALORE-78 3 MOHAMMED AHMEDULLAH SHARIFF S/O.G.A.RAZACK, AGED ABOUT 33 YEARS. 4 AKBAR KHAN S/O.ANWAR KHAN SAHIB, AGED ABOUT 31 YEARS. 5 NAZIM PASHA S/O.ABDUL JABAR SAHIB, AGED ABOUT 45 YEARS. 5 6 GARAZACK S/O.MOHAMMED GHOUSE AGED ABOUT 69 YEARS. 7 MOHAMMED ASADULLAH SHARIFF S/O. G.A.RAZACK, AGED ABOUT 40 YEARS. 8 SMT FAKHIRA BEGUM W/O.RAFEQ AHAMED AGED ABOUT 46 YEARS. 9 MOHAMMED SHAFIULLA SHARIFF S/O.HAJI G.ABDUL RAZACK SAHIB AGED ABOUT 43 YEARS. 10 SMT SABINA BEGUM W/O,BAKSHI SAB, AGED ABOUT 44 YEARS. 11 SYED ASADULLA S/O.S.A.RAHIM AGED ABOUT 53 YEARS. 12 SMT NAJAMUNNISA I W/O.ABDUL FAZIL, AGED ABOUT 45 YEARS. 13 NISAR AHAMED BAIG S B S/O.SHAIK BUDDAN BAIG, AGED ABOUT 50 YEARS. 14 GHOUSE SHARIFF ALIAS SAMSHEER AHMED S/O.LATE B.S.ABDUL BASHITH AGED ABOUT 40 YEARS. 6 15 NASRULLA SHARIFF S/O.G.A.RAZACK, AGED ABOUT 35 YEARS. 16 MRS FAREEDA BEGUM W/O.ABDUL KHALEEL KHAN AGED ABOUT 35 YEARS. 17 SMTASMATH UNNISA W/O.LATE SYED SALAR AGED ABOUT 58 YEARS. 18 JAMEELUNNISA W/OMRMOHAMED KALILULLA AGED ABOUT 41 YEARS. 19 FAZLUNNISA W/O.AFSAR PASHA, AGED ABOUT 32 YEARS. 20 DR PADMA RAJAMMA W/O. LATE PANDIT VENKATARA1VJACHAR AGED ABOUT 61 YEARS. 21 SMT RUKMINI DEVI W/O.LATE PANDIT VENKATARAMACHAR AGED ABOUT 50 YEARS. 22 KMMAROOF S/OKMJBRAHIM AGED ABOUT 31 YEARS. 23 KMIKHLAS S/OKMJBRAHIM AGED ABOUT 32 YEARS. 7 24 SMTK MZAKIA W/O.K.M.IBRAHIM AGED ABOUT 50 YEARS. 25 KMSAWOOD S/O.KM.IBRAHIM AGED ABOUT 35 YEARS. 26 MOHAMMED HANEEF S/O.HAJI MJJSMAIL AGED ABOUT 43 YEARS. 27 SMTKHAIVIARUNNISA W/O.LATE MOHAMMED RAHAMATh ULLA AGED ABOUT 44 YEARS. 28 MOI-TAMED RIYAZ ARMED M H S/O.MOHAMED HASHIM SAHIB. AGED ABOUT 52 YEARS. 29 SAYEEDA F’AZLUNNISA BANU D/O.LATE SYED HYI)ER AGED ABOUT 43 YEARS. 30 MOHAMED HASSNUDDIN ARID S/O.LATE MOHAMED RAZIUDDIN SAHEED AGED ABOUT 43 YEARS. 31 KMAHThESHAM S/O.SRI.K.M.IBRAHIM AGED ABOUT 27 YEARS. 32 JAVID KHALEEL S/O.A.J.KHALEEL SAHIB. AGED ABOUT 47 YEARS. 8 33 SULAIMAN SHARIFF S/O.ISHAQ SHAR1FF SAHIB MAJOR. 34 SMT SHAHEENA PARVEEN W/O.MASOOI) HASSAN AGEI) ABOUT 39 YEARS, REP. BY GENERAL POWER AYPORNEYHOLDER SRI.H.S.ABBAS KHAN S/O.LATE HAYATH KHAN, AGED ABOUT 80 YEARS. 35 RAFIA ALEEM W/O.M.A.ALEEM AGED ABOUT 53 YEARS. 36 MASJID-E-TUQWA REP. BY ITS SECRETARY, MOHAMMEL) AHMEDULLA S/O.G.A.RAZAK AGED ABOUT 36 YEARS. 37 BIBI FATHIMA EDUCATIONAL TRUST RING ROAD, ILYASNAGAR. BANGALORE. REP. BY ITS SECY., THAQAUVIA YASHEEN. W/O.M.A.HAWALDAR. AGED ABOUT 36 YEARS. 38 MAHAMOOD SHARIFF S/O.SRI SANAULLAH SAHIB. AGED ABOUT 29 YEARS. 39 SMT SI-LABINA SHARIFF W/O.SRI NAZEER SHARIFF AGED ABOUT 30 YEARS. 9 40 SMT FAIROZ BEGUM S/O.SRI ABDUL MAd EED AGED ABOUT 44 YEARS. 41 SRI ZABEULLA S/O.SRI.ABDUL JABBAR SAHIB AGED ABOUT 35 YEARS. 42 SMT GULHEERA SHAIK W/O.SRI.SHAIK ALl PASHA AGED ABOUT 30 YEARS. PETITIONERS 3 TO 42 ARE THE RIO. UMARBAUG EXTENSION J.P.NAGAR. POST, BANGALORE - 78. PETITIONERS (By Sri P.R.NANJUNDASWAMY SHEYFY. ADV.) AND: 1 THE STATE OF KARNATAKA BY THE SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE -1 2 THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DIST BAN GALORE 10 3 THE SPECIAL LAND ACQUISITION OFFICER PODIUM BLOCK VISVESWARALAH TOWER DR AMBEDKAR VEEDHI BANGALORE0 1 4 GEOLOGICAL SURVEY OF INDIA VASUDHA BHAVAN KUMARASWAMY LAYOUT BANGALORE-560 078 BY ITS DEPUTY DIRECTOR GENERAL 5 THE COMMISSIONER BANGALORE MAHANAGARA PALIKE BANGALORE - 560002 RESPONDENTS (By Sri : M.KESHAVA REDDY, AGA & Sri E.S.INDIRESH. HCGP, FOR Ri TO R3, SRI P.S.DINESH KUMAR, CGSC FOR R4: Sri MURALIDHAR B.V., ADV. FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF ThE CONSTITUTION OF INDIA PRAYING TO QUASH VIDE ANX. B DT. 19.3.1983. ANX. C DT. 11.9.1984. ANX. F AND G DT. 5.6. 1992 AND ANX. Q & R DT. 26.12.2003 ISSUED TO THE PETITIONER BY R3 AND DECLARE THAT THE ENTIRE ACQUISITION PROCEEDINGS OF THE ABOVE SAID LANDS ARE LAPSED OR IN THE ALTERNATIVE, DIRECT THE Ri TO CONSIDER THE REPRESENTATIONS ANX. S.T AND U AND DENOTIFY SY.NO. 57 AND 58 OF OF JARAGANAHALLI VILLAGE. UTEARAFIALLI HOBLI, BANGALORE SOUTH TALUK FROM ACQUISITION PROCEEDINGS. THESE PETITIONS COMING ON FOR PRL.HG. IN B GROUP ThIS DAY, THE COURT MADE THE FOLLOWING: 11 ORDER In both these writ petitions, the petitioners are challenging the very same acquisition proceedings on identical grounds. Therefore, they are taken up for consideration together and disposed of by this common order. 2. The subject matter of Writ Petition No.4536/2004 is land hearing Sy.No.59 measuring 3 acres 13 guntas situated in Jaraganahalli village, Uttarahalli Hobli. Bangalore South Taluk. At a partition, the said property fell to the share of one Sri T.Krishna Reddy. the husband of the first petitioner and father of petitioners-2 to 4. The said Krishna Reddy died on 2- 3-1999. After his death, the petitioners have succeeded to his estate. 3. The subject matter of Writ Petition No.4990/2004 is Sy.No.57 measuring 4 acres 31 guntas and Sv.No.58 measuring 4 acres 35 guntas situated in daraganahalli village. Uttarahalli Hobli. Bangalore South Taluk. 12 The said land belongs to C.Ramu, the first petitioner and his brother i.e. C.Swarninathan who were joint owners of the said land. Said C.Ramu is represented in this Court by Power of Attorney Holder Syed Nasiruddin. During the pendencv of this writ petition, three applications have been filed for impleadment of persons who have purchased sites formed in the said land, all have been allowed and 40 persons have been added as petitioners-3 to 42 who claim interest in the sites formed in the said survey numbers. 4. The aforesaid Survey Nos.57, 58 and 59 were notified for acquisition under Section 4(1) of the Land Acquisition Act (for short hereinafter referred to as the Act”) on 19-3-1983. It was published in the Karnataka Gazette on 31-3- 1983. C.Ramu and his brother Swaminathan filed their objections to the said acquisition, whereas. Krishna Reddy did not file any objections. In fact. three survey numbers measuring in all, 12 acres 14 guntas were notified for acquisition for the purposes of providing residential quarters for 13 the staff of Geological Survey of India at Bangalore, the fourth respondent In the writ petitions. After enquiry, the objections were overruled and final notification came to be issued on 11-9- 1984 under Section 6(1) of the Act. It was published In the official gazette on 22-11-1984. C.Ramu along with Swaininathan preferred a writ petition challenging the aforesaid acquisition In W.P.No.6309/1985. An order of stay came to be passed In the said writ petition on 18-4-1985. The said interim order reads as under: ‘The portion of notification dated 19-3-1983 In No.LA(2)SR-16/82-83 Issued by respondent No.2 and the notification dated 11-9-1984 In No.RD.200/ABA/84 Issued by respondent No.1 be and the same hereby stayed.” In view of the aforesaid Interim order, though Sri T.Krlsbna Reddy had not challenged the acquisition proceedings and In fact. who had appeared before the Land Acquisition Officer In pursuance of notice issued under Section 9 of the Act, the 1- 14 entire award proceedings were staved. The aforesaid writ petition after contest came to be dismissed on 4-2-199 1. 5. The petitioners in W.P.No.4536/2004, i.e., the legal representatives of deceased T.Krishna Reddy contends that in pursuance of notice under Section 9 of the Act, Sri T.Krishna Reddy appeared on 15-4-1985 and filed his objections. He contended that his land was not the subject matter of Writ Petition No.6309/85. The order of stay granted in the said case cannot be construed as an order of stay in so far as his land is concerned. Admittedly, within two years from the date of final notification, no award was passed in their case as contemplated under Section 1 1A of the Act. According to them, the last date for publication of declaration was 4-2-J985 and as no award was passed within two years period, the entire acquisition has lapsed. T.Krishna Reddv passed away on 4-3-1999. On 26-12- 2003 the respondents addressed a letter to Sri T.Krishna Redd purported to be sent under Section 12(2) of the Act. The second petitioner received this on 27-12-2003. 9-1-2004 was fixed as 15 the date for their appearance. The second petitioner appeared and filed statement of objections. Thereafter, he applied for copy of the award which he obtained which disclosed that on 5- 6-1992 an award has been passed as per Annexure-G, Therefore. they contend the award in so far as Sv.No.59 is concerned, should have been passed on or before 4-2-1987 and the purported award is dated 5-6-1992 is beyond the period of two years as mandated under Section 1 1A of the Act. The acquisition is for the purpose of construction of staff quarters to the fourth respondent. The Sy.Nos.57 and 58 which measures in all 8 acres has been fully developed b the land owners long time back. Several constructions have been put thereon, ring road has been formed, buildings are existing in the said land. There is a Mosque and educational institutions, besides, several residential and commercial buildings on those sites. During the year 1991. an extent of 25 gunas of land in Sv.No.59 which also forms part of the acquisition in favour of the fourth respondent came to be acquired by the B.D.A. for formation of Outer Ring Road by issue of preliminary notification dated 23-3-1989 and 16 final declaration. Possession of 25 guntas was taken on 6-12- 1989 and ring mad has been formed thereon. 6. SrI Krishna Reddy during his life time as applied for conversion of his land from agricultural to non-agricultural purposes. The Deputy Commissioner granted pennisslon as required under the Land Revenue Act by an order dated 6-8- 1997 and directed Sri T.Krlshna Reddy to pay conversion fee of Rs.3,77,1O1/- which amount Sri Krishna Reddy paid on two occasions, l.e, That a sum of Rs.2,84,501/- on 24-3-1997 and Rs.50,560 on 1-7-1997. Annexures-J, K and L evidences the same. They also contend the aforesaid land was the subject matter of acquisition earlier by virtue of preliminary notification dated 13-7-1989 as per Annexure-M. However, by subsequent notification dated 23-2-1988 the said notification was cancelled as per Annexure-N. After receipt of the order, the second petitioner made enquiries with the fourth respondent and came to know that the land which are sought to be acquired are now sought to be used for a altogether for a different purpose. The L 17 land which are required fbr residential staff quarters is now sought to be used for office complex other than the purpose for which the land came to be acquired. In Paragraph-20 at Page No.17 ii is asserted that since the petitioners are keeping the land in sy.No.59 vacant and even to this date, no purpose would be served by proceeding further with the acquisition of oniy an extent of 3 acres 13 guntas, which extent of land even according to the fourth respondent, is wholly insufficient. For its purposes, it requires a minimum of 10 acres. A copy of the interim order in Writ Petition No.6309/1985 is produced and marked as Annexure-O. By way of an amendment additional grounds are raised. It is specifically contended the award passed is dated 5-6-1992. The Special Deputy Commissioner has modified the draft award on 7-9-1992. That day cannot be construed as the date of the award. The Spl.Land Acquisition Officer is required to pass an award in terms of the modification made by the Special Deputy Commissioner. The modified award was sent by the Special Deputy Commissioner to the Land Acquisition Officer only on 25-9-2002 and the Land 18 Acquisition Officer has carried out the amendments only on 30- 7-1993. That would be the date of the award. As the award Is not passed without two years as contemplated under Section 1 1A of the Act, the entire acquisition lapses. The beneficiary do not possess the requisite amount for being paid as compensation for the land acquired and they have not deposited the said amount with the Land Acquisition Officer Immediately after the passing of the award. Therefore, the award is vitiated. After the objections are filed In pursuance of the notice Issued under Section 9, under Section 11 of the Act the Collector shall proceed to enquire Into the objections and then only pass an award. The order sheet produced In this case of the Land Acquisition Officer clearly shows no such enquiry was conducted. There is no consideration of the objections filed and therefore, the award Is vitiated. For the aforesaid reasons, they have sought for quashing of the award and the entire acquisition proceedings. 19 7. The case of the petitioners in W.P.No.4990/2004 is that the Bangalore Development Authority acquired 1 acre 15 gutnas of land in Sy.No.57 and 36 guntas in Sy.No.58 which are subject matter of the aforesaid acquisition proceedings for the public purpose of formation of Outer 150 Ring Road and industrial sites. Two separate awards dated 2-11-1990 came to be passed by the B.D.A. and possession of the aforesaid extent of land is taken and the land is fully utilised for the project of Outer Ring Road and formation of Industrial sites by virtue of the acquisition of the B.DA. The acquisition proceedings Issued earlier stands superceded and therefore. respondents- I to 3 have no jurisdiction or power to proceed further to acquire the remaining extent of land. However, the third respondent has passed two separate awards on 5-6-1992. But the 4 th respondent acquiring body has not come forward to get the acquisition proceedings for the acquisition of aforesaid land finalised by depositing the entire amount of the cost of acquisition as It was not interested in implementing their project of providing staff quarters to Its staff members. L 20 Obviously, the extent of remaining land after the acquisition by the B.D.A. was found insufficient to meet their need and also there were already residential houses and other buildings even at the time of preliminary notification. On account of default of the fourth respondent, respondents-2 and 3 did not proceed with the matter. They did not take possession of the land by following the procedure under Section 16 of the Act. Even to this day, the remaining extent of land remains with the petitioners. The several persons who were earlier allotted residential sites by the petitioner and his brother approached Bangalore Mahanagra Palike to provide civic amenities like sewerage system, drinking water, electricity etc. to the remaining extent of land in the above said survey numbers. The Bangalore Mahanagara Palike collected betterment charges from the purchasers of sites in the ahoesaid survey numbers, formed roads, gave no objections to BWSSB to provide drinking water and sewerage system. BESCOM has given electricity connection. The Revenue Officers of Bangalore Mahanagara Palike assessed the vacant sites in the above said lands for the -‘ 21 payment of property tax and collected property tax. Pursuant this, the authorities have also issued Katha Certificates in respect of several sites in the above said lands which Is now part and parcel of 56th Municipal Ward. Padmanabhanagar Extension. The owners of the residential sites and other cMc sites have constructed pucca R.C.C. buildings on the above said lands with the building plan and license issued by the competent authorities. There are several non-residential building such as school building, an m Training Institute building and industrial and other commercial buildings have come up. The school and rn Institute are run by private management with the approval of Department of Education and other competent authorities. There is also a Masjid in that area. Photographs are produced to demonstrate the said facts. Though respondents-i and 2 have acted upon the acquisition proceedings as the 4th respondent do not want the said land and the purchasers of sites have put-up constructions thereon and axe living with their family members, the respondents are estopped from proceeding further with the acquisition 22 proceedings by reviving the same. When the petitioners were served with notices under Seclion 12 (2) of the Act it, amounted to revival of the acquisition proceedings. Though there was stay order in the writ petition filed by the petitioners, the respondents-i to 3 were free to proceed with the acquisition proceedings. However, they have not taken any steps to finalise the acquisition proceedings by passing an award and paying compensation to the petitioner and his brother and by taking over the possession of the above said lands. The awards passed on 5-6-1992 is beyond the period of two years and violates the mandatory requirement as contemplated under Section 1 1A of the Act. In fact. they have given representation to the Government to drop the acquisition proceedings. Under those circumstances, they are constrained to file this writ petition seeking quashing of the entire acquisition proceedings. 8. The petitioners-3 to 42 who have been impleacled in the writ petition are all persons who have purchased sites formed in Sy.Nos.57 and 58. It is not in dispute that the 23 purchase of site by these petItioners 3 to 42 are registered subsequent to the award passed by the Land Acquisition Officer. Therefore, as the purchase is after the issue of preliminary notification, they have no right to challenge the acquisition proceedings. 9. The State has ified Its statement of objections. They admit the acquisition proceedings Initiated in the year 1970 which was cancefled. Thereafter, the present acquisition proceedings were initiated for the fourth respondent to construct residential quarters for its employees. They admit that a portion of land is acquired by the B.D.A. for formation of Outer Ring Road. Excluding the said portion, the Government has passed an award under the Act. The petitioners’ In fact did not oppose the acquisition proceedings at all. Therefore, they contend the petitioner is estopped from challenging the acquisition proceedings. They deny there is any delay in passing the award as contended by the petitioners. 24 10. In so far as Writ Petition No.4536/2004 is concerned, it is contended that the land owners filed objections to the acquisition proceedings. They participated in the enquiry. Their objections were overruled. They preferred writ petition challenging the acquisition in Writ Petition No.6309/1985. They obtained an order of stay of further proceedings in pursuant to the said interim order on 18-4-1985. The said writ petition came to he dismissed on 4-2-1991. Thereafter, steps were taken to pass an award. The award was passed on 5-6- 1992. The same was approved on 7-9-1992 and therefore. the said award is in time. 11. The fourth respondent beneficiary has tiled detailed statement of objections contending that it is one of the oldest Central Government Department of the country. The Department is 153 years old, and has established Regional Head Quarters/Circle Office at all the State Capitals after the Independence. The then Mvsore State got the Circle Office of Geological Survey of India during 1961, to carry out the 25 Geological mapping and Mineral Exploration of Karnataka and Goa. During 1972 Airborne Mineral Survey and Exploration Wing of Geological Survey of India, which had Head Quarters in New Delhi was also shifted to Bangalore clue to official reasons of Government of India. The Airborne Mineral Surveys and Exploration Wing (AMSE Wing) carries out Aerial Surveys all over the country for Mineral Exploration purposes. Since the inception i.e.. from 1961 the Department had its office premises at various private buildings. mainly in South Bangalore. The Geological Survey of India has a strength of nearly 250 officers of Group A and and has a staff strength of around 300 of Group & The officers of the Department are liable to be transferred anywhere in India and more than 60% of the officers presently available at Bangalore are from outside. The Department was looking for its own premises to carry out scientific work in Karriataka and to establish its different advanced Scientific Laboratories. Hence, the Department approached Government of Karnataka in the later part of 70’s for a land for office construction. Finally Government of 26 Karnataka was kind enough to sanction the land falling in Survey Nos. 55 & 56 of Jaraganahalli, Uttarahalli Hobli, Bangalore South Taluk for construction of office premises. The Department established its Scientific Laboratories and a big Mechanical Wing in the land allotted. The Department had to sacrifice portion of the land for the Ring Road also. The ver nature of the job demands the movement of the officers all over India and tlie staff within the Region. Hence, many of the officers and staff are sfaying in private rented houses and paying huge amount for rent and advance. and finding it very, very difficult to pay the same. Keeping in view of the same, the Department approached Government of Karnataka to establish quarters for its officers and staff way back in 1982. 12. The State of Karnataka allotted land measuring 9 acres 18 guntas situated in Survey No.57, 58 & 59 of Jaraganahalli Village, Uttarahalli Hobli, Bangalore South Taluk in the year 1992-93. However, the amount could not he paid, as the funds were not sanctioned from the Ministry of Mines. The 4 27 Director General, Geological Survey of India, Calcutta approached the Ministry of Mines to allot funds for taking possession of the land for construction of quarters. The Government of India released the funds of Rs.16,02,991/- to be paid to the Government of Karnataka. The Department finally paid an amount of Rs.16,02,991/- on 17-12-2003, whIch was the balance amount paid towards the acquisition. When the possession of the land was about to be handed over, the petitioners have filed the Writ Petition. This respondent urgently requires the property for the purpose of commencing the work of quarters construction. 13. The Preliminary Notification was Issued on 19-3- 1983 and the Final Notification has been Issued on 11-09-1984. Aggrieved by the said