WRIT PETITION 13752 of 2011 on 30 July 1986

1. SMT. PARVATHAMMA W/O SHRI. MUNIRAJU W/O SHRI. MUNIRAJU

R/AT NO.1, 4TH CROSS

BALAJI LAYOUT

KODIGENAHALLI MAIN ROAD BANGALORE-560 094. BANGALORE-560 094.

2. SRI. GOPAL

S/O MUNIRAJU AGED ABOUT 32 YEARS AGED ABOUT 32 YEARS

R/AT NO.2, 4TH CROSS

BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094. BANGALORE-560 094.

3. SMT. VENKAMMA W/O VEERANNA W/O VEERANNA

AGED 51 YEARS

R/AT NO.12, 1ST CROSS

BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094. BANGALORE-560 094.

4. SRI. E. PRABHAKAR S/O E. NARASARAJU AGED ABOUT 39 YEARS S/O E. NARASARAJU AGED ABOUT 39 YEARS

R/AT NO.12, 1ST CROSS

BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094.

(BY SRI. ADITYA BHAT, ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY ITS REPRESENTED BY ITS

REVENUE COMMISSIONER MULTISTORIED BUILDING VIDHANA VEEDHI ROAD BANGALORE-560 001. MULTISTORIED BUILDING VIDHANA VEEDHI ROAD BANGALORE-560 001.

2. DEPUTY COMISSIONER BANGALORE DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001. BANGALORE DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001.

3. SPL. DEPUTY COMMISSIONER OFFICE OF THE SPL. DEPUTY COMMISSIONER K G ROAD, BANGALORE-560 001. OFFICE OF THE SPL. DEPUTY COMMISSIONER K G ROAD, BANGALORE-560 001.

4. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, VIDHANA VEEDHI BANGALORE-560 001. REVENUE DEPARTMENT M S BUILDING, VIDHANA VEEDHI BANGALORE-560 001.

5. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 002. BRUHAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE-560 002.

6. THE TASHILDAR YELAHANKA NEW TOWN BANGALORE NORTH, YELAHANKA BANGALORE-560 064. YELAHANKA NEW TOWN BANGALORE NORTH, YELAHANKA BANGALORE-560 064.

7. THE NATIONAL HOUSE BUILDING COOPERATIVE SOCIETY COOPERATIVE SOCIETY

NO.111, 5TH CROSS

MALLSWARAM

REPRESENTED BY ITS PRESIDENT

8. K. RAMACHANDRA RAJU S/O K. SUBBARAJU AGED 46 YEARS R/AT NO.33, 15TH B CROSS KODANDA RAMAPURA, MALLESHWARAM BANGALORE-560 003. S/O K. SUBBARAJU AGED 46 YEARS R/AT NO.33, 15TH B CROSS KODANDA RAMAPURA, MALLESHWARAM BANGALORE-560 003.

9. SMT. NARAYANAMMA W/O SHRI. KRISHNAPPA AGED 56 YEARS R/AT NO.19, DEEPA FLOOR MILLS ROAD NAGASHETTYHALLI, RMV SECOND STAGE BANGALORE-560 094.

(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4 AND R6; SRI. H.DEVENDRAPPA, ADVOCATE FOR R5; SRI. K. SHRIHARI, ADVOCATE FOR R7; R8, R9 ARE SERVED)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATIONS NO. LAQ (1) SR8/1986-87 DATED 30.07.1986 UNDER SECTION 4(1) OF THE LAND ACQUISITION ACT AND PUBLISHED IN THE GAZETE ON 14.8.1986 AND THE FINAL NOTIFICATION NO. RD 241 AQB 84 DATED 2.4.1987 UNDER SECTION 6(1) OF THE LAND ACQUISITION ACT AS PER ANNEXURE-A AND B RESPECTIVELY AND ETC.

BETWEEN:

1. SMT. SUNEETHA W/O DEVA KUMAR W/O DEVA KUMAR

AGED ABOUT 42 YEARS

R/A NO.17, 2ND CROSS

BALAJI LAYOUT

KODIGEHALLI MAIN ROAD BANGALORE-560 094.

1(A)N. DEVAKUMAR HUSBAN OF LATE SMT. H.R.SUNEETHA AGED MAJOR HUSBAN OF LATE SMT. H.R.SUNEETHA AGED MAJOR

1(B)LAKSHMI D/O LATE SMT. H.R.SUNEETHA AGED ABOUT 33 YEARS D/O LATE SMT. H.R.SUNEETHA AGED ABOUT 33 YEARS

1(C)VENUGOPAL S/O LATE SMT. H.R.SUNEETHA AGED ABOUT 24 YEARS S/O LATE SMT. H.R.SUNEETHA AGED ABOUT 24 YEARS

ALL ARE R/AT NO.17, 2[ND] CROSS BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094. BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094.

2. SRI. MOHAN RAJ W/O LATE GURUVARAJU AGED ABOUT 44 YEARS R/A NO.10, 2ND CROSS BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094. W/O LATE GURUVARAJU AGED ABOUT 44 YEARS R/A NO.10, 2ND CROSS BALAJI LAYOUT, KODIGEHALLI MAIN ROAD BANGALORE-560 094.

3. SRI. BABU RAJU

S/O K. RAMAKRISHNAMARAJU AGED ABOUT 43 YEARS R/A NO.1, 8TH CROSS, BALAJI LAYOUT KODIGEHALLI MAIN ROAD BANGALORE-560 094. AGED ABOUT 43 YEARS R/A NO.1, 8TH CROSS, BALAJI LAYOUT KODIGEHALLI MAIN ROAD BANGALORE-560 094.

4. SMT. N. SRIDEVI W/O N. KRISHNAPPA AGED ABOUT 43 YEARS W/O N. KRISHNAPPA AGED ABOUT 43 YEARS

R/A NO.1, 6TH CROSS, BALAJI LAYOUT KODIGEHALLI MAIN ROAD BANGALORE-560 094. KODIGEHALLI MAIN ROAD BANGALORE-560 094.

(BY SRI. PRAVEEN KUMAR, ADVOCATE)

WP No. 13752 of 2011

AND:

1. THE STATE OF KARNATAKA REP BY ITS REVENUE COMMISSIONER MULTISTORIED BUILDING VIDHANA VEEDHI, BANGALORE-560 001. REP BY ITS REVENUE COMMISSIONER MULTISTORIED BUILDING VIDHANA VEEDHI, BANGALORE-560 001.

2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001. BANGALORE DISTRICT KRISHI BHAVAN, HUDSON CIRCLE BANGALORE-560 001.

3. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, VIDHANA VEEDHI BANGALORE-560 001. REVENUE DEPARTMENT M.S.BUILDING, VIDHANA VEEDHI BANGALORE-560 001.

4. THE TAHSILDAR YELAHANKA NEW TOWN BANGALORE NORTH YELAHANKA, BANGALORE-560 064. YELAHANKA NEW TOWN BANGALORE NORTH YELAHANKA, BANGALORE-560 064.

5. THE NATIONAL HOUSE BUILDING CO-OPERATIVE SOCIETY CO-OPERATIVE SOCIETY

NO.111, 5TH CROSS, MALLESHWARAM

REPRESENTED BY ITS PRESIDENT

...RESPONDENTS

(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4;

SRI. K. SHRIHARI, ADVOCATE FOR R5)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO REVIEW THE ORDER DATED 10.02.1994 PASSED BY THIS HON'BLE COURT IN W.P.NO.10751/1993 PRODUCED AT ANNEXURE-K AS PER THE DECISION OF THE HON'BLE SUPREME COURT REPORTED IN AIR 1963 SC 1909 AND ETC.

NC: 2025:KHC:8387

WP No. 13752 of 2011AND CONNECTED MATTERS

BETWEEN:

1. B.S. NAGARAJU S/O SUBBAIAH NAIDU AGED ABOUT 57 YEARS NO.11, 5TH MAIN BALALJI LAYOUT,BANGALORE 94. SY. NO. 42/1, 2 SINCE DEAD BY LRs S/O SUBBAIAH NAIDU AGED ABOUT 57 YEARS NO.11, 5TH MAIN BALALJI LAYOUT,BANGALORE 94. SY. NO. 42/1, 2 SINCE DEAD BY LRs 1(A)SMT. DEVIKA W/O LATE NAGARAJ AGE 53 YEARS W/O LATE NAGARAJ AGE 53 YEARS

1(B)SMT. MANJULA W/O LATE NAGARAJ AGE 42 YEARS W/O LATE NAGARAJ AGE 42 YEARS

1(C)ASHWINI D/O DEVIKA AGE 31 YEARS D/O DEVIKA AGE 31 YEARS

1(D)ARCHANA

D/O DEVIKA AGE 26 YEARS AGE 26 YEARS

1(E)AVINASH S/O MANJULA AGE 21 YEARS S/O MANJULA AGE 21 YEARS

ALL ARE R/AT NO.11 5[TH] MAIN, BALAJI LAYOUT BANGALORE-94.

2. MUNIKRISHNA NAIDU S/O LATE POLAIAH NAIDU AGED ABOUT 61 YEARS NO.419, BALAJI LAYOUT S/O LATE POLAIAH NAIDU AGED ABOUT 61 YEARS NO.419, BALAJI LAYOUT

BANGALORE-94. SY NO.43/5 SY NO.43/5

- 7 -

WP No. 13752 of 2011

3. K. SRINIVASAN S/O KANDA SWAMY AGED ABOUT 41 YEARS NO.11, BALAJI LAYOUT BANGALORE-94. SY NO.221 S/O KANDA SWAMY AGED ABOUT 41 YEARS NO.11, BALAJI LAYOUT BANGALORE-94. SY NO.221

4. K.M. GIRI S/O.LATE MUNISWAMY RAJU AGED ABOUT 46 YEARS NO.6B, 4TH MAIN, AISHWARYA NILAYA BALAJI LAYOUT BANGALORE-94. SY NO.53/1/6. S/O.LATE MUNISWAMY RAJU AGED ABOUT 46 YEARS NO.6B, 4TH MAIN, AISHWARYA NILAYA BALAJI LAYOUT BANGALORE-94. SY NO.53/1/6.

(BY SRI. K. SACHINDRA KARANTH, ADVOCATE FOR

P1(A TO E))

AND:

1. STATE OF KARNATAKA REP BY ITS REVENUE COMMISSIONER MULTISTORIED BUILDING VIDHANA VEEDHI ROAD BANGALORE-560 001. REP BY ITS REVENUE COMMISSIONER MULTISTORIED BUILDING VIDHANA VEEDHI ROAD BANGALORE-560 001.

2. DEPUTY COMMISSIONER BANGALORE DISTRICT KRISHI BHAVAN HUDSON CIRCLE BANGLAORE-560 001. BANGALORE DISTRICT KRISHI BHAVAN HUDSON CIRCLE BANGLAORE-560 001.

3. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, VIDHANA VEEDHI BANGLAORE-560 001. REVENUE DEPARTMENT M S BUILDING, VIDHANA VEEDHI BANGLAORE-560 001.

4. THE TASHILDAR YELAHANKA NEW TOWN BANGALORE NORTH YELAHANKA, BANGLAORE-560 064. YELAHANKA NEW TOWN BANGALORE NORTH YELAHANKA, BANGLAORE-560 064.

5. THE NATIONAL HOUSE BUILDING COOPERATIVE SOCIETY NO.111, 5TH CROSS MALLESHWARAM COOPERATIVE SOCIETY NO.111, 5TH CROSS MALLESHWARAM

REP BY ITS PRESIDENT

6. SRI. C. KUMAR S/O LATE SRI. N. GOVINDA AGED ABOUT 61 YEARS S/O LATE SRI. N. GOVINDA AGED ABOUT 61 YEARS

R/A NO.360, THARANGINI TATANAGAR 3RD MAIN ROAD KODIGEHALLI BANGALORE-560 092. TATANAGAR 3RD MAIN ROAD KODIGEHALLI BANGALORE-560 092.

7. SRI. N. NANJUNDAPPA S/O CHIKKA NANJAPPA S/O CHIKKA NANJAPPA

AGED ABOUT 77 YEARS

R/A KODIGEHALLI

YELAHANKA HOBLI

NORTH BANGALORE BANGALORE. BANGALORE.

8. SRI. RAJANNA AGED ABOUT 47 YEARS AGED ABOUT 47 YEARS

R/A NAGASHEETYAHALLI RMV POST RMV POST

9. SRI. KRISHNAMA RAJU S/O N. LAKSHMANA RAJU S/O N. LAKSHMANA RAJU

AGED ABOUT 42 YEARS

R/A NO. 36/2

NG BLOCK

16TH CROSS MALLESWARAM BANGALORE-560 003. MALLESWARAM BANGALORE-560 003.

10. BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE HUDSON CIRCLE

NC: 2025:KHC:8387

AND CONNECTED MATTERS

BANGALORE-560 002. REP. BY ITS COMMISSIONER

...RESPONDENTS

(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4;

SRI. K. SHRIHARI, ADVOCATE FOR R5;

SRI. B.S. GOVINDA SWAMY, ADVOCATE FOR R7; SRI. K.V. NARASIMHAN, ADVOCATE FOR R10; R6, R8, R9 ARE SERVED)

THIS W.P. FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE PRELIMINARY NOTIFICATIONS DATED 30.7.1986 AND PUBLISHED IN THE GAZETTE ON 14.8.1986 AND THE FINAL NOTIFICATION DATED 2.4.1987 IN RESPECT OF THE SY.NO.42/1,2, SY.NO.43/5, SY.NO.221 AND SY.NO.53/1/6 HAVE LAPSED BY OPERATION OF LAW AND ETC.

THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Pursuant to directions issued by this Court in these petitions dated 26.11.2012, though onus was on the State Government to resolve the conflicting claims of the individual site purchasers and the National Housing Co-operative Society, these petitions are filed questioning the preliminary notification and final notification.

2. It appears the individual allottees and the Society acting in terms of the order dated 26.11.2012

have arrived at a amicable settlement and therefore, an application is filed under Order 23 Rule 3 of CPC to record settlement arrived at between petitioners and contesting respondents - National Housing Co-operative Society. The petitioners who are the site owners have entered into settlement with the Society thereby agreeing to compensate the society at the rate of Rs.175/- per sq.ft. Accordingly, the respondent-Society has agreed to the said terms which is preceded by a resolution passed in the General Body Meeting conducted on 06.10.2024. This memorandum of settlement is produced and marked at document No.1.

3. The officials of the respondent-Society are present before this Court. Upon a thorough examination of the joint compromise petition submitted under Order 23 Rule 3 of CPC, this Court finds that the dispute is best resolved through an amicable settlement. The petitioners, who are individual site owners, purchased the land from the original owners and have constructed buildings on it.

Meanwhile, the State had acquired the same property to facilitate its allotment by the Society to its members.

4. Although the acquisition proceedings have been concluded, the fact remains that constructions have already been erected on the acquired land. Considering this, the Court finds the compromise reached by the parties to be lawful. The compromise petition is accordingly admitted on record. Upon inquiry, none of the parties have raised concerns regarding duress, coercion, or undue influence. Since the compromise petition is found to be lawful, the writ petitions are disposed of in terms of the joint compromise petition.

Pending interlocutory applications, if any, do not survive for consideration and stand disposed of.

CA List No.: 2 Sl No.: 17

SD/- (SACHIN SHANKAR MAGADUM) JUDGE