IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.30128-29 OF 2019 (LA-UDA) BETWEEN:
1. SMT. PUTTASAKAMMA W/O LATE DODDARANGAPPA, AGED ABOUT 62 YEARS.
2. SRI.MANJUNATH S/O LATE DODDARANGAPPA, AGED ABOUT 51 YEARS.
3. SMT.RENUKA D/O LATE DODDARANGAPPA, AGED ABOUT 49 YEARS.
4. SRI.VENKATESHA S/O LATE DODDARANGAPPA, AGED ABOUT 37 YEARS.
5. SMT.MEENAKSHI D/O LATE DODDARANGAPPA, AGED ABOUT 34 YEARS.
6. SRI.LOKESHA S/O LATE DODDARANGAPPA, AGED ABOUT 32 YEARS.
7. SRI. CHOWDA SHETTY S/O MARIKALA SHETTY, AGED ABOUT 68 YEARS.
ALL ARE RESIDING AT R/AT CHIKKAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT - 570 010.
(BY SRI. K. R. LINGARAJU, ADVOCATE) AND :
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE COMMISSIONER MYSORE URBAN DEVELOPMENT, AUTHORITY J.L.B. ROAD, MYSURU - 570 005.
3. THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY MYSURU - 570 005.
(BY SRI.C.S. INDIRESH,AGA FOR R-1 ... PETITIONERS ... RESPONDENTS SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R2 &R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 28.12.2006 ISSUED BY THE R-2 VIDE ANNEXURE-A, PUBLISHED UNDER SECTION 17[1] OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS "LALBAHADUR SHASTRI NAGAR II STAGE" IN REPSECT OF PETITIONERS NO.1 TO 6 LAND BEARING SY NO.63/3 MEASURING 38 GUNTAS AND THE P-7 LAND BEARING SY NO.77/3A MEASURING 10 GUNTAS OUT OF [1 ACRE 34 GUNTAS], ALL THE LANDS ARE SITUATED AT CHIKKAHALI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT [SL NO.149, 181 IN THE PRELIMINARY NOTIFICATION] IN TERMS OF ORDER IN W.P.NO.56204 OF 2018 [LA-UDA] DATED 28.6.2019 VIDE ANNEXURE-F..
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr. K.R. Lingaraju, learned counsel for the petitioners.
Mr. E. S. Indiresh, learned Additional Government Advocate for respondent No.1.
Mr. G.B. Sharath Gowda, learned counsel for respondent Nos.2 and 3.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioners inter alia seeks a writ of certiorari for quashment of preliminary notification dated 28.12.2006 issued by respondent No.2 insofar as it pertains to the land belonging to the petitioners.
4. For the reasons assigned by this Court in the order dated 26.06.2019 passed in W.P.Nos.47459 to 47461/2018, the impugned notification dated 28.12.2006 is hereby quashed insofar as the petitioners are concerned.
Accordingly, the petitions are allowed.
Sd/- JUDGE SA Ct:sr