LexTHE KARNATAKA HOUSING BOARD & ANR versus STATE OF KARNATAKA & ORS
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A B C D E F G H 998 SUPREME COURT REPORTS [2022] 19 S.C.R. [2022] 19 S.C.R. 998 998 THE KARNATAKA HOUSING BOARD & ANR. v. STATE OF KARNATAKA & ORS. (Civil Appeal No. of 7011 of 2013) JULY 28, 2022 [A. M. KHANWILKAR, DINESH MAHESHWARI AND C. T. RAVIKUMAR, JJ.] Karnataka Housing Board Act, 1962– ss.24(2), 33(2) – Whether initiation of proceedings for acquisition of land for the purposes of the Karnataka Housing Board, invoking the power u/ s.33(2) of the KHBAct, without the housing scheme being in existence or the housing scheme not having been sanctioned u/s.24(2) thereof, would render such acquisition proceedings void and non-est – Held: Initiation of proceedings for acquisition invoking the power u/s.33(2) of the KHB Act without the housing scheme being in existence or the housing scheme not having been sanctioned u/s.24(2) thereof would not render such proceedings null and void –Unless sanction is obtained from the State Government for execution of any scheme therein, in terms of s.24(2) of KHB Act, the actual act to complete the process, viz., execution shall not be effected thereon. Karnataka Housing Board Act, 1962 – Scheme of the Act – Discussed. Karnataka Housing Board Act, 1962 – s.33(2) – Land Acquisition Act, 1894 – s.3(f) –Whether L.A. Act stands modified in any manner by the KHB Act in respect any particular aspect or procedure – Held: A bare perusal of s.33(2) itself would answer this question– Its latter limb contains ‘a deeming provision’–That is attracted only on establishing the foundational fact that the acquisition of land or interest therein is for the purposes of KHB Act – The said provision would show that upon establishing the same the acquisition of land concerned or interest therein, as the case may be, shall have to be deemed as an acquisition for the purpose within the meaning of L.A. Act, viz., s.3(f) of the L.A. Act that defines “public purpose” – Therefore, in terms of the same L.A. Act stands modified by KHB Act to the extent mentioned. A B C D E F G H 999 Practice and Procedure – Held: A judgment rendered with respect to the position obtained under a particular provision(s) in one enactment cannot be applied while dealing with a similar situation falling under a different enactment, unless parimateria provision(s) exist in that enactment, without looking into the facts and law. Word & Phrases– ‘execution’;‘execute’– Meaning of– Discussed– Karnataka Housing Board Act, 1962ss.24(2), 33(2). Directing C.A. Nos.7011-13/2013, 9002- 9003/2013 and 7017-19/2013 to be listed before appropriate Bench for consideration on their own merits, the Court HELD: 1.1 The contention that initiation of acquisition for the purposes of KHB (Karnataka Housing Board)/the KHB Act (Karnataka Housing Board Act, 1962), prior to the sanction and/ or the publication of housing scheme concerned/land development scheme concerned, is null and void in view of the decision in Mohammed Yousef’s case is untenable. So also, the contention that in view of the decision in Mohammed Yousef’s case acquisition proceedings form part of housing scheme/land development scheme and hence, acquisition for the purposes of KHB/the KHB Act prior to the sanction and/or the publication of housing scheme concerned/land acquisition scheme concerned, is null and void cannot be countenanced. Suffice it to say that the moot question and allied issues are to be considered and answered independently without reference to the decision in Mohammed Yousef’s case, but with reference to the L.A. Act as well as KHB Act. [Para 21][1127-G-H; 1028-A-B] Offshore Holdings Pvt. Ltd. vs. Bangalore Development Authority & Ors. (2011) 3 SCC 139 : [2011] 1 SCR 453 – followed. 1.2 A judgment rendered with respect to the position obtained under a particular provision(s) in one enactment cannot be applied while dealing with a similar situation falling under a different enactment, unless parimateria provision(s) exist in that enactment, without looking into the facts and law. [Para 22][1028- E] THE KARNATAKA HOUSING BOARD & ANR. v. STATE OF KARNATAKA & ORS. A B C D E F G H 1000 SUPREME COURT REPORTS [2022] 19 S.C.R. 1.3 A conjoint reading of the afore-extracted provisions of KHB Act will unfold the duties of the KHB as to undertake housing schemes and land development schemes as it may consider necessary from time to time or as may be entrusted to it by the State Government. What are the matters to be provided for by housing schemes and land development schemes are men
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