533/1, 534A and 534B and entries made in favour of the BDA in the record of rights.
For implementation of Scheme No.
Mumtaz Begum and 50 others filed an application in Writ Petition Nos.
After the issuance of numberifications under Sections 17 1 and 19 1 of the 1987 Act, the landowners entered into some clandestine transactions with Allahuddin Khan, who was described as their General Power of Attorney and the latter created large number of documents on ten rupees stamps showing sale of small parcels of land to Smt.
2,53,81,000.00, and this is self economically aided scheme and the Authority would number claim any assistance from the Government.
During the pendency of the writ petitions, Smt.
35, 43 and 43A. The award prepared by the Special Land Acquisition Officer was approved by the State Government vide order dated 11.12.1995 and was published on 13.12.1995.
The matter was then companysidered in the meeting of the BDA held on 16.3.1998 and despite the strong opposition by the Commissioner, it was decided to recommend regularization of the transfers made by the landowners by deleting survey Nos.
529, 531 to 549, 553P, 556 to 562, 564 to 570, 57IP, 572 to 677, and the estimated companyt of the Scheme in Rs.
Before this Court several interlocutory applications were filed by the parties.
After taking possession of the acquired land and making the allotment of sites, the BDA demolished unauthorized companystructions made by some of those to whom small parcels of land are said to have been sold by Allahuddin Khan.
In the meanwhile, Vasanth Sreedhar Kulkarni and Eshwar Gouda Burma Gouda Patil filed Writ Petition Nos.
25.35 Crores to the Kanabargi Scheme No.35, 43, 43A of Belgaum Urban Development Authority, Belgaum in lands measuring 336 gunthas, subject to the following companyditions.
By an order dated 9.6.1994, the State Government accorded sanction under Section 18 3 of the 1987 Act for formation of 4065 sites from the aforesaid survey numbers.
The Special Land Acquisition Officer, BDA, who was appointed by the State Government to exercise the powers of the Deputy Commissioner under Section 3 c of the Land Acquisition Act, 1894 for short, the 1894 Act issued public numberice dated 16.9.1994 and informed the landowners and persons having interest in the land that various survey numbers including survey Nos.
30927/1994 and 30928/1994.
533/1 and 534/B was also taken by the companypetent authority and entries were made in the record of rights in the name of the BDA, which then formed 112 sites, carried out development works like companystruction of roads at a companyt of Rs.43 lacs and allotted 82 sites to the eligible persons between 31.3.1997 and 20.3.1999.
27,88,84,000.00, and the net income to the Authority would be Rs.
The then Chairman and three other members of the BDA made spot inspection on 12.3.1998 and prepared a report with the suggestion that land measuring 8 acres 29 guntas, which had been unauthorisedly sold by the landowners to the poor persons on ten rupees stamp papers may be deleted in favour of the purchasers by companylecting development charges.
After about 3 months, the Commissioner sent D.O. letter dated 2.9.1998 to the Principal Secretary, Urban Development Department, State Government detailing the reasons for number deleting land companyprised in 3 survey numbers.
They have also filed companyies of the writ petitions, order dated 14.10.1980 passed by the State Government vide HUD.172/1979, English translation of newspaper Tarun Bharat dated 29.9.1994 and application filed under Section 151 CPC before the High Court.
All the writ petitions were dismissed by the learned Single Judge on 19.4.1996.
He pointed out that the plots have already been carved out and allotted to different persons at a price of Rs.1,73,56,000/ .
At that juncture, Allahuddin Khan and others made representation dated 27.2.1998 to the Commissioner, BDA for release of land companyprised in survey Nos.
On the next date i.e., 14.12.1995, numberice was issued to the landowners under Section 12 2 of the 1894 Act.
The relevant portions of the English translation of that order, which has been made available by learned companynsel for the State of Karnataka are extracted below Belgaum Urban Development Authority, Belgaum informed the Government that, by preparing Scheme No.35,43,43 A of Kanabargi it would form totally 4065 in an area measuring 336 acres and 06 gunthas by involving S. Nos.
529, 531 to 549, 553P, 556 to 562, 564 to 570, 571P, 572 to 677 at an estimated companyt of Rs.25.35 crores.
Writ Appeal Nos.
Notification dated 16.8.1991 was issued under Section 17 1 of the 1987 Act in respect of land companyprised in survey Nos.
45 of the allottees executed lease cum sale agreement by depositing the entire amount.
The Belgaum Urban Development Authority for short, the BDA was companystituted under Section 3 of the 1987 Act.
25.35 Crores and from the Scheme the income to the Authority is Rs.
43, numberification dated 6.11.1987 was issued.
After dismissal of the writ petitions, possession of land companyprised in survey Nos.
However, before further steps companyld be taken in the matter, the State Legislature enacted the Karnataka Urban Development Authorities Act, 1987 for short, the 1987 Act which envisaged the establishment of Urban Development Authorities for the planned development of major and important urban areas in the State.
533/1 and 534/B. Two I.As.
533/1, 534A and 534B have been included in Scheme Nos.
Kashibai Patil and Eshwar Gouda Burma Gouda Patil.
Hence, requested for according administrative approval for the said scheme.
Hence, the application IA.II is rejected.
Mumtaz Begum and others.
35, 43 and 43A of Kanabargi companyering an area measuring 336 acres 6 guntas by involving revenue survey Nos.
533/1, 534/A and 534/B by stating that 120 persons belonging to weaker sections of the society have companystructed houses after taking loan and even the scheme sanctioned by the State Government envisages allotment of 52 plots to the persons belonging to backward classes and weaker sections of the society.
35, 43 and 43A for formation of residential and companymercial layouts in Kanabargi village, Belgaum.
The applications filed by the writ petitioners under Order IX Rule 13 read with Section 151 CPC for recalling that order on the ground that their companynsel companyld number appear on the date of hearing were dismissed by the learned Single Judge vide order dated 18.6.1996 by observing that the writ petitions had been dismissed on merits.
17 allottees took steps for execution of lease cum sale agreement and the remaining 22 allottees made partial payment of the companyt of land.
533/1, 534A and 534B of village Kanabargi, Belgaum despite the fact that the writ petitions filed by Vasanth Sreedhar Kulkarni and Eshwar Gouda Burma Gouda Patil had been dismissed by the High Court in 1996 and also the fact that they claim to have sold the acquired land and whether the purchasers were entitled to companytest writ petitions filed by the allottees of the acquired land are the questions which arise for companysideration in these appeals filed against judgments dated 14.12.1999 and 04.04.2000 of the Division Benches of the Karnataka High Court.
20 28/2010 were filed by appellants Vasanth Sreedhar Kulkarni and two others for placing on record xerox companyies of numberice dated 4.9.1996 issued by the Special Land Acquisition Officer, BDA under Section 16 2 of the 1894 Act read with Karnataka Amendment Act, 1961 and letter dated 25.10.2008 written by the Special Land Acquisition Officer to Shri Vasheemkhan stating therein that there is numbermention in the record of the BDA of companypensation amount regarding survey Nos.
Kashibai Patil and one Shri Malappa also filed similar writ petition bearing Nos.
HUD/446/MIB, Bangalore, Dated 9th June 1994.
The possession of land companyprised in survey No.534/AC was taken on 1.1.1996 and name of the BDA was mutated in the revenue records.
S. Singhvi, J. Whether Vasanth Sreedhar Kulkarni, Eshwar Gouda Burma Gouda Patil and Ms. Mehrunnisa Mahazuz Husen Maniyar appellants in C.A. Nos.
After companysidering the proposal of the letter the Commissioner, Belgaum Urban Development Authority, Belgaum in the above read, the sanction is accorded under section 18 3 of the Karnataka Urban Development Authorities Act 1987, for formation of 4065 sites at a companyt of Rs.
After some time, the BDA undertook the task of implementing Scheme Nos.
30236 and 30237 of 1994 questioning the numberifications issued under Sections 17 1 and 19 1 of the 1987 Act.
I.A. Nos.
6662 6670/2002 had the locus to question the allotment of sites to the private respondents from land bearing survey Nos.
56 64/2010 have been filed by Vasanth Sreedhar Kulkarni and two others for permission to urge additional grounds.
Government Order in No.
534/A and 534/B measuring 3 acres and 22 guntas belonging to Smt.
The resolution of the BDA was forwarded to the State Government vide letter dated 3/4.6.1998.
In 1976, the Legislature of the State of Karnataka enacted the Karnataka Improvement Boards Act, 1976 to provide for companystitution of Improvement Trust Boards in some cities with powers and duties for ensuring regulated development of urban areas.
In companypliance of the direction given by the Court, learned companynsel appearing for the State filed an affidavit dated 23.9.2010 of Shri Shambhu Dayal Meena, Secretary to the Government of Karnataka, Urban Development along with companyies of the gazette numberifications dated 7.11.1991, 1.9.1994 and 24.3.1999, order dated 9.6.1994 passed by the State Government under Section 18 3 of the 1987 Act, the panchnamas and other documents evidencing taking of possession of various parcels of land including survey Nos.
533/1, 534/A and 534/B owned by Vasanth Sreedhar Kulkarni, Kashibai Patil and Eshwar Gouda Burma Gouda Patil respectively for implementing Scheme No.43.
xxxx xxxx xxxx Thereafter the State Government issued Notification under Section 19 1 , which was published in Karnataka State Gazette dated 1.9.1994 in respect of survey No.533/1 measuring 5 acres 7 guntas belonging to Vasanth Sreedhar Kulkarni and survey Nos.
including A. Nos.
38 46 and 47 55 of 2010 have been filed on behalf of the BDA for permission to file documents marked Annexures R2/2 to R2/23.
8 allottees also started companystruction of the houses.
I.A. Nos.
1711 1716/2000 and 2450 2454/2000 filed by Mumtaz Begum and others were dismissed by another Division Bench by relying upon order dated 14.12.1999 passed in the writ appeals filed by Vasanth Sreedhar Kulkarni and two others.
The Belgaum City Improvement Trust Board, which was one among several Trust Boards companystituted by the State Government framed Scheme Nos.
It is further stated that in this scheme 20 x 30 sites have reserved for economically weaker sections and a provision has been made for water supply, drainage and electricity the estimated companyt of the scheme and area is reserved for garden, playground and Civic Amenity sites, as per Sub Section c and d of Section 16 of the Karnataka Urban Development Authorities Act 1987.
