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State Government Employees' Co-operative Housing Society Ltd. Vs. State of Karnataka (04.06.1985 - KARHC) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKarnataka High Court
Decided On
Case NumberW.P. No. 17097 of 1984
Judge
Reported inILR1986KAR2425; 1985(2)KarLJ300
ActsUrban Land (Ceiling and Regulation) Act, 1976 - Sections 23(4) and 23(5); Administrative Law
AppellantState Government Employees' Co-operative Housing Society Ltd.
RespondentState of Karnataka
Appellant AdvocateT. S. Ramachandra, Adv.
Respondent AdvocateSomayaji, HCGP for R-1 and ;W. K. Joshi, Adv. for R-2
DispositionWrit petition succeed
Excerpt:
.....the instant case, it is not in dispute that the district level committee had recommended for allotment of some lands in favour of the petitioner. 24 of krishnapur, hubli in favour of private agencies as recommended by the district level urban land committee, dharwad as a matter of policy. the director of town planning in his letter read at (3) above has recommended for allotment of said lands in favour of improvement board, hubli......read at (1) above the director of town planning have sent proceedings of the state level urban land committee held on 38-4-1984.in the said proceedings the state level urban land committee has taken a decision not to allot the vacant lands in sy. no. 43/1, and 43/2 of lakmanahalli, 28/2 of krishnapur, 82-1, and 84/2 of krishnapur and sy. no. 24 of krishnapur, hubli in favour of private agencies as recommended by the district level urban land committee, dharwad as a matter of policy.in the matter read at (2) above, the chairman improvement board, hubli has requested government to allot the said lands in favour of improvement board, hubli as the government have taken decision not to allot these lands to private agencies.the director of town planning in his letter read at (3) above has.....
Judgment:
ORDER

Venkatesh, J.

1. Two reliefs are claimed in this petition. A Writ of Certiorari quashing the order Annexure-F dated 10-10-1984 of the State Government in the Housing and Urban Development Department and secondly, a Writ of Mandamus for a direction to the State Government (1st respondent) to consider the petitioner's claim for allotment to it of the vacant land mentioned in the petition.

2. The petitioner is a Housing Co-operative Society formed under the Karnataka Co-operative Societies Act, having its headquarters at Hubli. It claims a membership of more than 1000 persons, all Government employees, and is said to have been formed with the object of providing house sites to them who, according to the Society, are persons belonging to the weaker sections, being members of low income group.

3. A vast extent of urban land including Sy. Nos. 43/1 and 43/2 of village Lakmanahalli, 28/2, 82/1, 84/2 and 24 of village Krishnapur and Sy. No. 157/1+2/1 of village Ayodhya lying within the urban agglomeration of Hubli-Dharwar came to be acquired by the State Government under Sub-section (3) of Section 10 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the Act).

4. Unless the State Government retains or reserves to itself, exercising its powers under Sub-section (5) of Section 23 of the Act, the lands acquired by it under the Act, the same has to be disposed of in accordance with the other sub-sections of that provision.

5. Since the lands acquired as aforesaid were available for allotment, several persons, including the petitioner-Society, applied for portions out of this area. The petitioner claimed that it wanted sufficient extent of vacant land to form house sites so as to allot the same to its members and therefore the land it had claimed be granted to it.

6. Not conceding this claim but alloting portions of this area in favour of the Improvement Board, Hubli, the State Government has issued the order at Annexure-F.

7. As stated above, challenging that order this petition is filed.

8. In order to advice it in the matter of allotment of lands acquired under the Act, the State Government has constituted committees, both at the District level and State level.

At the relevant time, the applications filed for allotment of vacant urban land had to be first processed by the District Level Committee and the same had to be forwarded to the State Government through the State Level Committee. At that stage the State Level Committee could have offered its own views in the matter. In the instant case, it is not in dispute that the District Level Committee had recommended for allotment of some lands in favour of the petitioner. But the State Level Committee did not agree with this recommendation being of opinion 'that the Excess urban vacant land should not be allotted to the private organisations.' Accepting this recommendation of the State Level Committee and also taking note of a letter addressed to it (the State Government) in the matter by the Chairman, Improvement Board, Hubli the Government issued Annexure-F. Annexure-F reads thus :

'PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA.

Sub : Allotment of lands acquired under Urban Land (C&R;) Act, 1976 in Hubli-Dharwar Agglomeration in favour of Improvement Board, Hubli.

Read : Letter No. TP. AB. III/TPL/2-14/84-85, letter No. IBH/ULC/84-dated 8-8-1984 from the Chairman, Improvement Board, Hubli.

Letter No. TP/AD/HI/TPL/2.14/84-85 dt. 20-8-1984.......

Preamble :

In the letter read at (1) above the Director of Town Planning have sent proceedings of the State Level Urban Land Committee held on 38-4-1984.

In the said proceedings the State Level Urban Land Committee has taken a decision not to allot the vacant lands in Sy. No. 43/1, and 43/2 of Lakmanahalli, 28/2 of Krishnapur, 82-1, and 84/2 of Krishnapur and Sy. No. 24 of Krishnapur, Hubli in favour of Private agencies as recommended by the District Level Urban Land Committee, Dharwad as a matter of policy.

In the matter read at (2) above, the Chairman Improvement Board, Hubli has requested Government to allot the said lands in favour of Improvement Board, Hubli as the Government have taken decision not to allot these lands to private agencies.

The Director of Town Planning in his letter read at (3) above has recommended for allotment of said lands in favour of Improvement Board, Hubli.


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