The Hindu : Karnataka / Bangalore News : Government restrained from `reconveying' land

Online edition of India's National Newspaper
Thursday, Apr 20, 2006

Karnataka

Karnataka - Bangalore

Government restrained from `reconveying' land

Staff Reporter

HIGHCOURTROUND-UP

BANGALORE: In a major relief to the Shantinagar House Building Cooperative Society, the Karnataka High Court on Wednesday restrained the State Government from resuming the land given to the society near Koramangala.

Justice Anand Byrareddy partly allowed a petition by the society challenging the decision of the Revenue Department to reconvey to the original owner part of the land granted to the society.

The society said it was registered in 1965 and it now had 488 members on its rolls. This was in addition to some nominal members. On October 15, 1975, the society had entered into an agreement with landowners through a person holding general power of attorney for acquiring 60 acres and 20 guntas in Srinivagalu and Ammenikere village in Begur taluk in Bangalore south.

The society wanted to acquire the land bearing Survey No. 2/1, 4, 5, 10, 11 and 17. Since acquiring land was prohibited under Section 107 of the Karnataka Land Reforms Act, it obtained the permission of a person holding general power of attorney for some of the landowners in the village and represented to the Government seeking 66 acres and 22 guntas of land.

A compensation of Rs. 25 lakh for the lands acquired was also given. In 1984, possession of the land was handed over to the society. In 1985, the society submitted for approval a layout plan of the area to the Bangalore Development Authority (BDA). The plan was sanctioned and in 1987 the work order for forming the layout was issued.

In 1988, the society submitted a revised plan on the construction of multi-storied buildings on 42 acres and 36 guntas in the layout to the BDA for approval. The society said the BDA did not sanction the plan till 1991. Meanwhile, the society paid the BDA Rs. 1.14 crore under various heads.

One of the GPA holders sought the return of part of the land.

The Revenue Department, on December 20, 2004, issued a show-cause notice to the society asking it why part of the land should not be reconveyed to the original owner. The society moved the court, urging it to quash the notice.

Justice Ananda Byrareddy partly allowed the petition and restrained the State from returning the land without hold holding a proper inquiry.

Details sought

The Karnataka High Court on Wednesday directed the State Government to submit details about all schools in the State, including the medium of instruction, the facilities given, the number of students and their mother tongue.

A full Bench comprising Chief Justice Cyriac Joseph, Justice Manjula Chellur and Justice N. Kumar passed the order while hearing petitions filed by private educational institutions challenging the State's language policy, which made it mandatory that the medium of instruction be in the mother tongue of the child or in Kannada.

The Bench directed the Government to submit the details in this regard by May 30.

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