IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.30227 – 30228/2019 (LA – UDA) BETWEEN:
1 . SMT.NINGAMMA W/O LATE MAHADEVU, AGED ABOUT 59 YEARS 2 . SRI M.KANTHARAJU S/O LATE MAHADEVU, AGED ABOUT 35 YEARS BOTH ARE R/AT BANK COLONY, BOGADHI GRAMA, KASABA HOBLI, MYSORE TALUK, MYSORE-570 026 …PETITIONERS (BY SRI B.V.VIDYULATHA, ADV.) AND:
1 . STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN M.S.BUILDING, BANGALORE-560 001.
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 RAOD, MYSORE-570005. …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1; SRI H.C.SHIVARAMU, ADV. FOR R-1 & R-3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 10.07.1992 ISSUED BY THE R-1 UNDER SECTION 17(1) OF KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987 PUBLISHED IN THE KARNATAKA OFFICIAL GAZETTE PUBLISHED IN THE KARNATAKA OFFICIAL GAZETTE DATED 16.07.1992 AT ANNEXURE-B TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELOGNING TO THE PETITIONER IS CONCERNED.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel appearing for the parties submit that in identical circumstances, this Court in W.P.Nos.31475-31479/2015 [D.D. 11.09.2015] has declared the scheme for acquisition of the lands as having lapsed, the petitions deserve to be allowed.
2. The petitioners being similarly situated are entitled to similar relief relating to the * land measuring 35 guntas in New Sy.No.56/4 (old Sy.No.56/3) and land measuring 15 guntas in* new Sy.No.56/5 [Old Sy.No.56/4], situated in * Inserted vide court order dated 09.12.2019.
Bogadi village, Kasaba Hobli, Mysore Taluk and District, acquired for the formation of Bogadi III Stage Layout by preliminary notification dated 10.07.1992 and final notification dated 19.03.1996, since no award being drawn, neither compensation paid nor possession taken, much less the scheme not implemented.
Writ petitions stand allowed in view of the scheme for acquisition of the land in question being declared as lapsed.
Sd/- JUDGE NC.