IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION No.21384/2017 (LA-UDA) BETWEEN:
SMT. SAVITHRAMMA, W/O. LATE KARIGOUDA, AGED 55 YEARS, R/AT DASANKOPPALU, ROOP NAGAR, BOGADI POST, JAYAPURA HOBLI, MYSORE DISTRICT – 570 026. ... PETITIONER (BY SRI: NARAYAN M. NAIK, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, VIKAS SOUDHA, DR. AMBEDKAR ROAD, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE – 570 001.
3. THE THASILDAR, MYSORE TALUK, MYSORE DISTRICT – 570 001.
4. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSURU – 570 005.
REP. BY ITS COMMISSIONER.
5. THE SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSURU – 570 005. ... RESPONDENTS (BY SRI: VIJAYA KUMAR A. PATIL, ADDITIONAL GOVERNMENT ADVOCATE FOR R-1 TO R-3;
SRI T.P. VIVEKANANDA, ADVOCATE FOR R-4 & R-5) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS RELATING TO THE ACQUISITION PROCEEDINS PERTAINING TO PETITIONER'S FAMILY PROPERTY; AND DECLARE THAT THE RESPONDENTS HAVE ABANDONED THE ACQUISITION PROCEEDINGS INITIATED BY THEM PURSUANT TO PRELIMINARY NOTIFICATION DATED 10.07.1992 AT ANNEX-H AND FINAL NOTIFICATION DATED 19.03.1996 AT ANNEX-J ISSUED BY R-4; AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Learned Addl. Govt. Advocate accepts notice for respondent Nos.1 to 3.
2. Though this matter is listed for orders, with consent of learned counsel appearing on both sides, it is heard finally.
3. Petitioner is stated to be the owner of land bearing Sy.No.121/1D, measuring 10 Guntas, situated at Bogadi Village, Kasaba Hobli, Mysore Taluk and District. Petitioner has assailed Preliminary Notification dated 10/07/1992, issued by second respondent, under the provisions of the Karnataka Urban Development Authorities Act, 1987 (hereinafter, referred to as the “Act”, for the sake of brevity), published in the Official Gazette on 16/07/1992 (Annexure “C”) and Final Notification dated 19/03/1996, issued by the first respondent and published in the Karnataka Official Gazette on 25/07/1996 (Annexure “D”). He has also sought a declaration that acquisition proceedings of respondent No.2, pertains to Bogadi village, 3rd Stage Extension Layout, on account of there being no further action taken pursuant to the final notification referred to above.
3. Learned counsel for petitioner and learned counsel for respondent Nos.2 and 3 submit at the Bar that similar writ petitions have been allowed and it has been declared that the scheme of acquisition of land in respect of the land in question has been declared as having lapsed. Reference is made to the order passed by this Court in M.S. Sheshadri vs. State of Karnataka, W.P.Nos.51253-254/2015, disposed of on 03/12/2015. They further submit that a similar order may be made in the instant case and writ petitions may be allowed.
4. In the aforesaid order, this Court has noted that subsequent to the final notification, no award has been made, compensation has not been paid, possession has not been taken, scheme has not been implemented and that the respondent – MUDA, has virtually abandoned the scheme. In the circumstances, in the aforesaid order, this Court has held that the scheme stands lapsed insofar as petitioner’s land therein is concerned. Consequently, the aforesaid writ petition has been allowed by declaring that the scheme for acquisition of land in question has lapsed. Since the land in question is also situated in the very same village and it is the subject matter of the very same notifications, a similar order is passed in this writ petition also.
5. In the circumstances, this writ petition is allowed. It is declared that the scheme for acquisition of the land in question has lapsed.
Sd/- JUDGE *mvs