IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO.45741/2017 (LA-UDA) Between:
1. Smt. Mayamma, W/o Late Thammaiah, Aged about 65 years 2. Smt. Mahalakshmi, D/o Late Thammaiah, Aged about 40 years 3. Sri. Nanjappa, S/o Late Thammaiah, Aged about 35 years 4. Smt. Lakshmi, D/o Late Thammaiah, Aged about 33 years 5. Sri. Beerappa, S/o Late Thammaiah, Aged about 31 years 6. Smt. Sannamma W/o Late Eeregowda Aged about 60 years 7. Sri. Chandra S/o Late Eeregowda Aged about 35 Years 8. Smt.Gowramma D/o Late Eeregowda Aged about 30 years 9. Sri.Girisha S/o Late Eregowda, Aged about 26 Years 10. Sri.Javarappa S/o Late Javaregowda Aged about 65 Years All are R/o at:
Eligehundi, Kasaba Hobli Hadajana Post, Mysuru Taluk & District. (By Sri K. R. Lingaraju, Adv.) And:
1. State of Karnataka, Represented by its Principal Secretary, Urban Development Department, Vikasa Soudha, Dr. B.R. Ambedkar Veedhi, Bengaluru – 560 001.
2. Mysore Urban Development Authority, Represented by its Commissioner, J.L.B. Road, Mysuru – 570 005.
3. The Special Land Acquisition Officer, Mysuru Urban Development Authority, Mysuru – 570 005.
(By Sri. Vijayakumar A. Patil, AGA for R1 & Sri T.P. Vivekananda, Adv. for R2 & R3) ...Petitioners ... Respondents *** This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to declare the acquisition proceedings initiated in pursuant to Preliminary Notification dated 12.12.2006 issued by the respondent No.2 vide Annexure-A published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, for formation of layout known as “Shanthiveera Gopalagowda Layout, 2nd Stage” has lapsed, in respect of the land bearing Sy.No.11/1 measuring 0.19 guntas situated at Sarakari Uthanahalli, Varuna Hobli, Mysuru Taluk and District (Sl.No.221 in the Preliminary Notification) in terms of order in W.P.No.2249/2017 dated 07.08.2017 vide Annexure-E4 and etc.
This writ petition coming on for Preliminary Hearing “B” group this day, the court made the following:-
O R D E R Though this writ petition is listed for Preliminary Hearing –B Group, with the consent of both the counsel appearing for the parties, it is heard for final hearing.
This writ petition is listed for Preliminary Hearing – B Group. Petitioners’ counsel submits that Preliminary Notification dated 12.12.2006 (Annexure – A) issued under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, (hereinafter referred to as ‘Act’ for the sake of brevity) has been issued for the formation of layout known as “Shanthaveri Gopalagowda Layout, 2nd Stage”. He 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 dated 03.12.2014 passed in W.P.No.47098/2013. He submits that a similar order may be passed in the instant case also.
2. Learned counsel for respondents No.2 and 3 and the learned AGA for respondent No.1–State endorse the submissions made by the petitioners’ counsel. They submit that the writ petition could be disposed of in terms of the order referred to above.
3. In the circumstances, order referred to above being squarely applicable to petitioners herein, the Preliminary Notification dated 12.12.2006 shall stand quashed in so far as land belonging to the petitioners herein is concerned, which is Sy.No.11/1 measuring 0.19 guntas situated at Sarakari Uthanahalli Village, Varuna Hobli, Mysuru Taluk & District.
Learned Additional Government Advocate and Sri.T.P.Vivekananda, learned standing counsel for the respective respondents are permitted to file their memo of appearance/Vakalathnama within a period of three weeks from today.
Sd/- JUDGE DL