IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI WRIT PETITION NO.33309/2019 (LA-UDA) BETWEEN:
SRI D.S.KANTHARAJU S/O LATE SUBEDAR SHIVALINGAIAH AGED ABOUT 72 YEARS R/AT NO.47, DESHAHALLI MADDUR TALUK MANDYA DISTRICT-571429. ... PETITIONER (BY SRI. K.R.LINGARAJU, ADVOCATE ) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA DR. B.R.AMBEDKAR VEEDHI BENGALURU-560001.
2. MYSURU URBAN DEVELOPMENT AUTHORITY REPRESENTED BY ITS COMMISSIONER JHANSI RANI LAKSHMI BAI ROAD MYSURU-570005.
3. THE SPECIAL LAND ACQUISITION OFFICER MYSURU URBAN DEVELOPMENT AUTHORITY JHANSI RANI LAKSHMI BAI ROAD MYSURU-570005. ... RESPONDENTS (SRI E.S.INDIRESH, AGA FOR R1 SRI G.B. SHARATH GOWDA, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION DATED 04.01.2007 ISSUED BY THE R2 VIDE ANNEXURE-A, PUBLISHED U/S 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS “SWARNA JAYANTHI NAGAR” IN RESPECT OF PETITIONER LAND BEARING SY NO.53/3 MEASURING 36 GUNTAS, SITUATED AT HALALU VILLAGE, KASABA HOBLI, MYSURU TALUK AND DISTRICT, (SL.NO.131 IN PRELIMINARY NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR W.P.NO.47787/2016 (LA-UDA) DATED 24.10.2016 AND W.P.NO.47459-461/2018 (LA-UDA) DATED 26.06.2019 VIDE ANNEXURE-C AND C1 RESPECTIVELY AND ETC., THIS PETITION COMING ON FOR ORDERS HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER State Counsel accepts notice for respondent No.1.
Sri.G.B.Sharath Gowda, learned counsel, accepts notice for respondent Nos.2 and 3.
2. Learned counsel for respondents have no objection to dispose of the present petition in view of the order passed in W.P.No.47459-461/2018 (Annexure-C1) wherein the preliminary notification under Section 17(1) of the Karnataka Urban Development Authority dated 4.1.2017, which is the subject matter in the present petition, has been quashed in so far as petitioner’s survey number therein.
Accordingly, the writ petition is allowed. The preliminary notification bearing No.LAQ (1) CR 86/2005-06 dated 4.1.2007 issued by respondent No.2 vide Annexure-A published under Section 17(1) of the said Act in respect of petitioner’s land bearing S.No.53/3 measuring 36 guntas situated at Halalu village, Kasaba Hobli, Mysore Taluk & District stands quashed.
rs/ssb Sd/-
JUDGE