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.36767/2017 (LA-UDA) Between:
Muddamma W/o Late Choudegowda, Aged about 75 years, R/at No.220, Kasaba Hobli, Ashrama Post, Hosa Hundi, Mysuru- 570 025.
(By Sri Girisha N.R., Adv.) And:
1. Mysore Urban Development Authority, J.L.B. Road, Mysuru– 570 004. Represented by Its Commissioner.
2. The Special Land Acquisition Officer, MUDA, J.L.B. Road, Mysuru – 570 004.
3. The State of Karnataka, Represented by its Secretary, Department of Housing and Urban Development, …Petitioner Vikasa Soudha, Bengaluru – 560 001.
(By Sri.T.P. Vivekananda, Adv. for R1 & R2 And Sri. Vijayakumar A. Patil, AGA for R3) *** ... Respondents This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records from the respondents pertaining to the impugned preliminary notification dated 12.12.2006 issued by the respondent No.1 vide Annexure-A, quash the impugned Preliminary Notification dated 12.12.2006 issued by the respondent No.1 under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, Annexure-A in so far as the petitioners property which is schedule property.
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 learned counsel on both sides, it is heard finally.
This writ petition is listed for Preliminary Hearing – B Group. Petitioner’s 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.1 and 2 and the learned AGA for respondent No.3–State endorse the submission made by the petitioner’s 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 petitioner herein, the Preliminary Notification dated 12.12.2006 shall stand quashed in so far as schedule lands belonging to the petitioner herein is concerned, which are Sy.No.68/2, measuring 1 acre 06 guntas and Sy.No.72 measuring 2 acres 01 gunta situated at Hosa Hundi Village, Kasaba 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.
Sd/- JUDGE DL