Case: K.B. Ramachandra Raj Urs(D) By Lrs Vs. State Of Karnataka

1. The appellant is the writ petitioner who had instituted Writ Petition No.14726 of 1994 before the High Court of Karnataka challenging therein the preliminary notification dated 21st June, 1985 issued under Section 16(1) of the City of Mysore Improvement Act, 1903 (hereinafter referred to as the 1903for proposing to acquire a total area of 94 acres 28 gunthas of land located in Vijayashreepura village, adjoining the ‘Vijayanagaras mentioned in the Schedule thereto for improvement of Mysore city.2. The final notification dated 29th April, 1988 issued inof powers conferred under Section 18(1) and (2) of the 1903 Act; the awards relating to the acquisition of land in question as well as the Government approval dated 28th May, 1988 for allotment of 55 acres of land to the respondent No.28 – J.S.S. Mahavidyapeetha [for short] was also challenged in the Writ Petition No.14726 of 1994 filed by the appellant.3. The appellant as the writ petitioner had filed a second writ petition i.e. Writ Petition No.31449 of 1994 by which the public notice dated 27th June, 1994 inviting applications for regularization of unauthorized constructions made in several villages including in the Vijayashreepura village was challenged.4. The learned single judge by judgment and order dated 22nd February, 2001 held that the impugned acquisition of 94 acres and 28 gunthas was illegal and bad and so was the allotment dated 2 6th September, 1988 of 55 acres of land made in favour of the respondent No.28Society. However, in view of the long eclipse of time and taking into account the interim order dated 13th September, 1994 passed in Writ Petition No.14726 of 1994, wherein it was observed that any construction raised by Respondent No. 28 will be at his risk and cost and all other relevant facts and circumstances of the case, the learned single judge thought it proper to mould the relief in the present case by refusing to quash and set aside the acquisition notifications though holding the acquisition itself to be untenable in law. However, the order of allotment of 55 acres of land in favour of the respondent No.28 made out of the acquired land was interfered with and the said respondent was directed to handover the land to the Mysore Urban Development Authorityfor short). So far as the appellant is concerned, it was held that he would be liable for compensation under the Land Acquisition Act, 1894. As for the reliefs sought in Writ Petition No.31449 of 1994 the same was allowed holding that the MUDA was not authorized either under the provisions of the 1903 Act or under the provisions of the Karnataka (Regularization of Unauthorised Constructions in Urban Areas) Act, 1991 to regularize the unauthorized constructions upon the land in question.5. Appeals were filed against the said order by the appellant – writ petitioner as well as a group of persons who were shown as occupancy tenants of a part of the land in the impugned preliminary notification issued under the provisions of the 1903 Act. Some of the subsequent purchasers of the plots from such occupancy tenants had also moved the Division Bench of the High Court. The Division Bench of the High Court by the impugned common judgment and order dated 08.04.2004 reversed the findings of the learned single judge as to the legality and validity of the acquisition as well as allotment of the land to the respondentis concerned and the consequential directions.6. Aggrieved, these appeals have been filed by the writ petitioners.

Reasoning:
25. Adverting to the facts of the present case, we find that out of the 94 acres and 28 guntas of land that was acquired way back in55 acres have been allotted to the respondent No. 28. The layout proposed by MUDA was in respect of the balance land i.e. about 40 acres. Of the said approximately 40 acres of land, according to the MUDA, about 16 acres and 30 guntas is presently vacant whereas there are encroachments on the remaining land. Though even on the land not allotted to respondent No. 28, no developmental work, in consonance with the object of the 1903 Act has been undertaken we are not certain if the same is on account of the smallness of the area available or for any other good and acceptable reasons. However, keeping in mind that even if we are to set aside the acquisition,can be resorted to in which event the land would continue to vest in the MUDA and the land owner would be entitled to compensation, though at an enhanced rate, we are of the view that it would be just, fair and equitable to direct that the land vacant as on today and all such lands under encroachments, after being made free therefrom, may be retained by the MUDA for developmental works in consonance with the object(s) of the 1903 Act and the owner thereof be entitled to compensation in terms of the directions that follow. All proceedings connected to such encroachments will be completed within six months from today by all such forums before which the same may be pending. In the event MUDA does not consider it feasible to utilize the land for the purpose of the Act the same be handed over to the person entitled to receive such possession depending upon the outcome of Writ Appeal No. 1654 of 2008.26. Insofar as the 55 acres of land allotted to the respondent No. 28 is concerned, we have taken note of the fact that despite the interim order dated 13th September, 1994 passed in Writ Petition No. 14726 of 1994 by the High Court of Karnataka, referred to above, the respondent No. 28 has raised constructions on the land. It is not necessary for us to go into the question as to whether such constructions had to be raised as the said respondent, by the time the interim order came to be passed, was committed to undertake such constructions and had no choice in the matter. What however cannot escape from notice is that notwithstanding the illegality in the allotment made and the risk undertaken by the respondent No. 28 in raising the constructions despite the interim order dated 13th September, 1994, aacademic campus consisting of several buildings, details of which are mentioned below, have come up on the land in question.1. JSS Polytechnic2. JSS Public School3. JSS Polytechnic for the differently Abled4. JSS Polytechnic for Women5. JSS Polytechnic forHostel6. SJCE Ladies Hostel7. JSS NODAL Centre8.Cricket Ground27. The judicial power should not be destructive if the Rule and Majesty of law can be upheld by suitable and appropriate adaptations and modifications in the eventual order that may be passed by the Court in a given case. In the present case, that aacademic campus have come up on the 55 acres of land; that a large number of persons are utilizing the benefit of the said infrastructure and facilities provided therein; that the infrastructure raised on the allotted land is providing avenues of employment to many and a host of other such circumstances cannot be overlooked by the Court. On a perusal of the materials laid before the Court, particularly, the Google Map showing the layout of the buildings on the 55 acres of land in question which, was specifically sought for by the Court, we find that even today there are large tracts of vacant land within the said 55 acres notwithstanding the constructions raised. In such circumstances, it is our considered view that the respondent No.28 should be asked to surrender to MUDA a compact area of a minimum of 15 acres, which vacant land the MUDA will take possession of within a month from today. The return of the said land will be once again made to the person or persons entitled to receive such possession depending upon the outcome of Writ Appeal No.1654 of 2008. Insofar as the remaining 40 acres of land allotted to respondent No.28 is concerned, we direct that compensation, in respect thereof, to the person/persons entitled to receive such compensation under the Land Acquisition Act, will follow the outcome of Writ Appeal No.1654 of 2008. The compensation under the Act will be paid by taking the date of the order of the learned Single Judge of the High Court i.e. 22.02.2001 to be the date of the Notification under Section 4 of Land Acquisition Act. The aforesaid date, which represents the midway point between earlier and subsequent dates (the earlier date of notification under Section 16(1) of the Act of 1903 or the date of the present order) that could have been opted for, has been preferred by the court to balance the equities in a situation where the landowner is being denied the return of the land and the beneficiary of an illegal allotment is permitted to retain the same (in part) in larger public interest. We further direct that alongwith the market value of the land as on the said date i.e. 22.2.2001 the person or persons found to be entitled will be also entitled to compensation under all other heads including interest in accordance with the provisions of the Land Acquisition Act. The provisions of Section 18 and other provisions of the Act for enhanced compensation will also be applicable. The same directions and principles will govern the matter concerning compensation in respect of the vacant land (16 acres 30 guntas) and the land under encroachment referred to above after such encroachments are dealt with in terms of the directions contained herein. In view of the long efflux of time the process of determination and grant of compensation shall be completed by all forums within a period of one year from today.