IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA W.P.No.38748/2019 (LA – UDA) BETWEEN :
SMT.CHOWDAMMA W/O THIMMANNA @ THIMMAIAH AGED ABOUT 58 YEARS, R/AT YANDAHALLI VILLAGE, VARUNA HOBLI, MYSORE TALUK & DISTRICT ...PETITIONER (BY SMT.B.V.VIDYULATHA, ADV.) AND :
1 . STATE OF KARNATAKA DEPARTMENT OF HOUSE AND URBAN M.S.BUILDING, BANGALORE REP BY ITS SECRETARY 2 . MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI ROAD, MYSORE- 570005 BY ITS COMMISSIONER 3 . SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI ROAD, MYSORE- 570005 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI T.P.VIVEKANANDA, ADV. FOR R-2 & R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 28.12.2006 ISSUED BY THE R-2 AUTHORITY AT ANNEXURE-B TO THE WRIT PETITION IN SO FAR AS SCHEDULE LAND BELONGING TO THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the Preliminary Notification dated 28.12.2006 issued by the 2nd respondent Authority at Annexure-B to the writ petition insofar as the property of the petitioner is concerned.
2. It is submitted that the petitioner is the absolute owner of 1 acre 37 guntas of land in Sy.No.No.6/1 situated in Yandahalli village, Varuna Hobli, Mysore Taluk and District, pursuant to which Preliminary Notification dated 28.12.2006 was issued proposing to acquire the said land for the formation of Lal Bahadur Shastry Nagar II Stage Layout. It is the contention of the petitioner that though more than 13 years has lapsed from the issuance of the Preliminary Notification, the respondents have not chosen to issue Final Notification under Section 19 of the KUDA Act, 1987. Neither an award has been passed nor possession of the subject property has been taken.
3. Learned counsel has placed reliance on the decision of the Cognate Bench in W.P.Nos.47459-461/2018 (D.D.26.6.2019) in support of her contention.
4. Learned counsel for the respondents fairly and rightly submits that the subject matter of this writ petition is squarely covered by the decision of the Cognate Bench referred to above. No Final Notification being issued and no award being passed, the impugned Notification issued by the respondent dated 28.12.2006 deserves to be quashed insofar as the property of the petitioner is concerned.
5. In view of the decision of the Cognate Bench in W.P.Nos.47459-461/2018 referred to above, the petitioner being similarly situated is entitled for the similar relief.
Writ petition stands allowed. Preliminary Notification dated 28.12.2006 at Annexure-B is quashed insofar as the property of the petitioner is concerned.
Sd/- JUDGE Dvr: