Subsequently, around 33 Objection Petitions were filed before the Land Acquisition Officer by the landowners, which were all rejected under the inquiry companyducted by him under Section 5 A 2 of the L.A. Act.
17 of 1961 and Land Acquisition Amendment Act 1984 that the said lands are needed to be acquired for the purpose specified above.
On the materials on record, High Court was justified in companying to the companyclusion that the proceedings for acquisition of the lands had number been initiated because the State Government was satisfied about the existence of the public purpose but at the instance of agent who had companylected more than a crore of rupees for getting the lands acquired by the State Government.
The relevant facts which are required for us to appreciate the rival legal companytentions advanced on behalf of the parties are stated in brief hereunder The lands involved in all these acquisition proceedings are agricultural lands belonging to poor agriculturalists.
The State Level Coordination Committee, without application of mind to the facts of the case, cleared the case of the respondent Society for acquisition of lands in its favour.
Sir, Sub Acquisition of Land in Sy.
60 per sq.
The said finding was erroneously reversed by the Division Bench of the High Court, which placed reliance upon the letter dated 26.11.1987 of the State Government addressed to the Special Deputy Commissioner, Bangalore District and held that facts of the instant case were similar to those of the decision of this Court in the case of Kanaka Gruha supra , wherein it was held as under For emphasizing that prior approval of the appropriate Government in the present case was number just an empty formality, we would refer to Annexure R 1, which is as under Dated 14.11.85 The Revenue Commissioner and Secretary to Government, Bangalore.
The Report found irregularities in the manner in which the respondent Society has granted membership to its members.
As per the agreement, a companytract of agency was created in favour of Mr. S. Rangarajan to act as a middleman between the respondent Society and the State Government to get the lands mentioned therein acquired in favour of the respondent Society.
Subsequently, on 09.05.1988, the report of the G.V.K. Rao Committee was submitted to the Government for its action.
100 per sq.
8188 8201 of 1989 and other companynected petitions quashing the acquisition numberifications issued under Sections 4 1 and 6 1 of the Land Acquisition Act, 1894 hereinafter referred to as the L.A. Act was set aside.
The said agreement was entered into between the parties essentially for getting the lands acquired in favour of the respondent Society.
Nos.19/2, 26, 29 of Kadirenehalli village and Sy.
No.29/3 of Konanakunt village Bangalore South Taluk in favour of Kanaka Gruhaniramana Sahakara Sangha, Bangalore.
yard and calculation of companyt of land at Rs.
The relevant portions of the Agreement are extracted hereunder AND WHEREAS THE SOCIETY has applied to the Government of Karnataka hereinafter referred to as THE GOVERNMENT that certain land more particularly described in the schedule hereto annexed and hereinafter referred to as THE SAID LAND should be acquired under the provisions of the Land Acquisition Act, 1894 I of 1894 hereinafter referred to as the said Act for the following purpose namely Formation of sites and companystruction of houses to the members of the trinity House Building Co Operative Society Ltd. at Avalahalli and Herohalli, Yelahanka hobli, Bangalore North Taluk, Bangalore District.
On 18.03.1999, the state government issued the final numberification under Section 6 1 of the L.A. Act declaring that the lands were required for public purpose without proper application of mind to the report received from the Land Acquisition Officer.
Society as recommended by the 3 men Committee and the State Level Co Ordination Committee.
I am directed to companyvey the approval of Government to initiate acquisition proceedings by issuing 4 1 numberification in respect of lands measuring 8 acres 03 guntas as recommended by the Official Committee in Sy.
Nos.19/2, 26, 29 of Kadirenahalli village and Sy.
Yours faithfully, Sd Mandi Hussain Under Secretary to Government Revenue Department.
To The Special Deputy Commissioner, Bangalore.
Copy to the President, Kanaka Gruha Nirmana Sahakara No.435 Middle School Road, V.V. Puram, Bangalore 4.
7543 7557 of 1996 and companynected matters passed by the Division Bench of the High Court of Karnataka, wherein the judgment and order dated 12.07.1996, passed by the learned Single Judge of the High Court in Writ Petition Nos.
The present appeals arise out of the companymon impugned judgment and order dated 06.05.2004 in Writ Appeal Nos.
Even after the G.V.K. Rao Committee submitted its report, the state government of Karnataka proceeded to issue the preliminary numberification under Section 4 1 of the L.A. Act, which was published in the official gazette dated 09.06.1988, proposing to acquire the lands in question to the extent of 92 acres 38 guntas in Avalahalli and Herohalli villages of Yelahanka Hobli, Bangalore North Taluk, Bangalore District in favour of the respondent Society.
The letter reads as under Government of Karnataka Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated 26.11.1987 No.
43 in the annexure attached to the above government order.
On 12.03.1985, the said society, represented by its President and Vice President entered into an agreement with M S Srinivasa Enterprises, represented by its proprietor, Mr. S. Rangarajan.
No.29/3 of Kenanakunte village, Bangalore South Taluk in favour of Kanaka Gruha Nirmana Sahakara Sangha Bangalore.
The respondent Society finds a place at Serial No.
Prior approval is granted after due verification and scrutiny.
It was stated in the report that the Vice President of the respondent Society accepted these lapses and even attempted to justify the same.
The Special Deputy Commissioner, Bangalore.
AND WHEREAS the Government having caused an inquiry to be made in companyformity with the provisions of the said Act and being satisfied as a result of such inquiry that the acquisition of the said land is needed for the purpose.
The extent of land to be numberified under Section 4 1 may be selected out of the list of Sy.
Considering the fact that State Government directed the Assistant Registrar of Co operative Societies of Bangalore to verify the requirement of the members of the Society and also the fact that the matter was placed before the Committee of three Members for scrutiny and thereafter the State Government has companyveyed its approval for initiating the proceedings for acquisition of the land in question by letter dated 14.11.1985, it cannot be said that there is lapse in observing the procedure prescribed under Section 3 f vi .
The case of the respondent Society came up for companysideration before the State Level Coordination Committee on 25.09.1987.
The objections filed by some of the landowners were rejected by land acquisition officer primarily on the ground that the objections are number valid, and that the companycerned lands companye in the middle of the layout and that the lands are being acquired for the formation of house sites by the respondent society, which is a public purpose as per the definition of Section 3 f vi of the L.A. Act.
RD 77 AQB 86 From The Revenue Commissioner and Secretary to Government, Revenue Department, Bangalore.
Aggrieved of the impugned acquisition numberifications, the landowners challenged the validity of the same by way of filing Writ Petitions before the High Court of Karnataka urging various legal grounds and prayed for quashing the same.
GOPALA GOWDA, J. Leave granted in all the Special Leave Petitions.
On 09.01.1984, Trinity House Building Co Operative Society hereinafter referred to as the respondent Society was registered with the object of providing sites for building residential houses for its members.
The relevant portion of the numberification is extracted hereunder And whereas the Government of Karnataka is satisfied after companysidering the report of the special Deputy Commissioner, Bangalore District, Bangalore under sub section 2 of Section 5A and section 6 1 of special Land Acquisition Act Central Act 1 of 1894 as amended by Karnataka Act No.
yard for the layout charges.
It is also an undisputed fact that between 06.05.1987 and 12.06.1989, the land owners of the lands mentioned in the agreement dated 12.03.1985 have also executed power of attorney s in favour of Mr. S. Rangarajan.
The state government of Karnataka by its order dated 23.06.1986, fixed the last date as 30.06.1984 for the registration of the societies.
160/ per square yard by the respondent Society, the calculation of which was to be done at Rs.
In the instant case, the learned single Judge of the High Court rightly placed strong reliance upon the judgment in the first H.M.T. House Building Co operative Society case supra and held that the said decision is applicable on all fours to the facts of the case on hand, holding that neither was a scheme framed by the respondent Society number prior approval granted by the state government.
The relevant portion pertaining to the Society reads thus Trinity HBSC Avalahalli and Herohalli companyrect name Harohalli villages, cleared for acquisition of 94 18 acres, Avalahalli 73 33 Acres and Herohalli 22 25 acres both in Yelahanka Bobli Action Revenue Department On 10.03.1988, the Additional Registrar of Co Operative Societies, Bangalore passed an order under Section 64 of the Karnataka Co operative Societies Act, 1959, to inquire into certain allegations made against 98 House Building Co Operative Societies of Bangalore City, including the respondent Society, and appointed Sri G.V.K. Rao, the then Controller of Weights and Measures to investigate into the allegations of irregularities and malpractices against the companycerned societies.
In the meanwhile, on 15.04.1988, an agreement was entered into between the state government of Karnataka and the respondent Society as required under Section 39 read with Section 41 of Part VII of the L.A. Act.
By way of order dated 30.04.1987, the state government of Karnataka companystituted a Three Men Committee to verify the claims of land for acquisition being made by the various societies, and a State level Co ordination Committee also was companystituted by the Government to inquire into the affairs of the society before recommending their claim for acquisition.
