IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION NO.54634 OF 2017 (LA-UDA) BETWEEN Smt. Mahadevamma, W/o Late Siddegowda, Aged about 51 years, Kotehundi Village, Rayanakere Post, Kasaba Hobli, Mysuru Taluk & District-570 008.
…Petitioner (By Sri. Boregowda. H.K, Advocate) AND 1. State of Karnataka, By the Secretary, Department of Urban Development, Vidhana Soudha, Bengaluru-560 001.
2. The Commissioner, Mysuru Urban Development Authority, J.L.B. Road, Mysuru-570 007.
3. The Special Land Acquisition Officer, Mysuru Urban Development Authority, J.L.B. Road, Mysuru-570 007.
...Respondents (By Sri. V. Krishna Reddy, HCGP for R1; Sri. H.C. Shivaramu, Adv. for R2 & R3) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash Annexure-B published under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 dated 09.10.2006 in so far as the petitioner land concerned bearing survey No.78/3 measuring to an extent of 1 acre 14 guntas is situated at Yadahalli Village, Jayapura Hobli, Mysuru Taluk and District and etc., This Writ Petition coming on for Preliminary Hearing, this day, the Court made the following:-
ORDER Though this writ petition is listed for Preliminary Hearing, with the consent of learned counsel appearing for the parties, it is heard for final hearing.
2. Petitioner is the owner of land bearing survey No.78/3 measuring to an extent of 1 acre 14 guntas situated at Yadahalli Village, Jayapura Hobli, Mysuru Taluk and District.
3. Petitioner’s counsel submits that Preliminary Notification dated 09.10.2006 (Annexure – B) issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987, (hereinafter referred to as ‘Act’ for the sake of brevity) for the formation of residential layout known as “Nalwadi Krishnaraja Wodeyar Nagar” has been assailed in this writ petition. He further submits that no declaration or final notification under Section 19 of the said Act has been issued. In the circumstance, the acquisition has lapsed. He further submits, this Court in similar writ petitions has granted relief to the land owners, one such order is dated 14.09.2017 passed in W.P.No.49541/2016 and W.P.No.61720/2016. He submits that a similar order may be passed in the instant case also.
4. Learned counsel for respondents No.2 and 3 and the learned HCGP for respondent No.1–State endorse the submissions made by petitioner’s counsel. They submit that the writ petition could be disposed of in terms of the order referred to above.
5. In the circumstances, the order referred to above being squarely applicable to petitioner herein, Preliminary Notification dated 09.10.2006 shall stand quashed insofar as land belonging to the petitioner herein are concerned, which is Sy.No.78/3 measuring 1 acre 14 guntas situated at Yadahalli Village, Jayapura Hobli, Mysuru Taluk and District.
6. Learned HCGP and learned counsel for respondents-MUDA are permitted to file their memo of appearance/Vakalathnama within a period of four weeks from today.
Mds Sd/- JUDGE