IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.52231/2019 (LA – UDA) BETWEEN :
1 . SMT MAHADEVAMMA W/O LATE PUTTA BASAPPA AGED ABOUT 70 YEARS R/O No.704/1 ALANAHALLI GRAMA PANCHAYATH LALITHADRIPURA, MYSURU - 570028 2 . SMT RAJAMMA W/O N MADAPPA D/O LATE PUTTA BASAPPA AGED ABOUT 44 YEARS R/O No.75/2, CHATNAHALLI PALYA DUDDAGERE POST, VARUNA HOBLI, MYSURU - 570010 3 . SRI NINGANNA S/OLATE PUTTA BASAPPA AGED ABOUT 47 YEARS R/O No.704, 1ST MAIN ROAD, LALITHADRIPURA, CHAMUNDI BETTA VARUNA HOBLI, MYSURU - 570010 4 . SMT NAGAMMA W/O RAJESHA D/O LATE PUTTA BASAPPA AGED ABOUT 39 YEARS R/O No.704/1, LALITHADRIPURA VARUNA HOBLI, MYSURU - 570028 5 . SRI BASAVA S/O LATE PUTTA BASAPPA AGED ABOUT 44 YEARS R/O No.704/2, LALITHADRIPURA VARUNA HOBLI, MYSURU – 570028 ...PETITIONERS (BY SRI K.R.LINGARAJU, ADV.) AND :
1 . STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA DR B R AMBEDKAR VEEDHI BENGALURU - 560001 2 . MYSURU URBAN DEVELOPMENT AUTHORITY REP BY ITS COMMISSIONER, J L B ROAD, MYSURU - 570007 3 . THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU – 570007 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI H.C.SHIVARAMU, 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 13.12.2006 ISSUED BY THE R-2 VIDE ANNEXURE-A PUBLISHED UNDER SECTION 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT 1987 IN RESPECT OF THE PETITIONERS LAND BEARING SY.NO.110/3 MEASURING 0.05.00.00 GUNTAS SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.61 IN THE PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P.NO.56078/2016 (LA-UDA) DATED 03.11.2019 AND W.P.NOS.29288-29289/2019 (LA-UDA) DATED 12.07.2019 VIDE ANNEXURES-D AND D1 RESPECTIVELY.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this case, the petitioners have called in question the legality and correctness of the preliminary notification No.LAQ(4).CR.31/2005-06 dated 13.12.2006, whereby the Mysuru Urban Development Authority (for short ‘the MUDA’) has proposed to acquire the land of the petitioners for the formation of a layout.
2. I have heard the learned counsel for the parties.
3. Admittedly, the final notification has not been issued for acquisition of the lands in question in furtherance of the preliminary notification. In an identical case, this Court in C.G Gangadhar /vs./ Mysore Urban Development Authority, Mysore and another - 2013(4) Kar.L.J. 559, has quashed the impugned preliminary notification as far as the petitioner therein. Following the said decision, this Court in W.P.Nos.10917-10923/2014 and connected matters (between Sri C.M.Swamy /vs./ Mysore Urban Development Authority, Mysore and another) has quashed the impugned preliminary notification so far as the petitioner therein.
4. For the reasons set out in the aforesaid orders, the preliminary notification impugned herein insofar as the petitioners’ lands are concerned, is also quashed.
Writ petition is accordingly allowed. No costs.
Sd/- JUDGE Msu