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.37661/2017 (LA-UDA) BETWEEN:
SRI M. SHANKARA MURTHI S/O. LATE MANCHAIAH, AGED ABOUT 60 YEARS, R/AT #CH 14, 3RD MAIN ROAD, KUKKARAHALLI, MYSORE – 570 009. ... PETITIONER (BY SRI: T.M. VENKATA REDDY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY THE SECRETARY, THE REVENUE DEPARTMENT, M.S. BUIDLING, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE – 570 001.
3. THE LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY, MYSORE – 570 001.
4. THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY, MYSORE – 570 001.
5. THE TAHSILDAR MYSORE TALUK, MYSORE, MYSORE DISTRICT – 570 001. ... RESPONDENTS (BY SRI: VIJAYA KUMAR A. PATIL, ADDL. GOVT. ADVOCATE FOR R-1 TO R-3 & R-5; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-4) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACQUISITION PROCEEDINGS/ FINAL NOTIFICATION ISSUED DTD.19.03.1996 ISSUED BY THE RESPONDENTS IN THE NAME OF THE R-3 AND 4 IN RESPECT OF THE PETITIONER'S LAND BEARING SY.NO.121/1Y MEASURING 4 GUNTAS SITUATED AT BHOGADI VILLAGE, KASABA HOBLI, MYSORE TALUK HAVE VITIATES AND BECOME LAPSED AND CONSEQUENTLY TO QUASH THE SAID ACQUISITION PROCEEDINGS IN RESPECT OF THE PETITIONER'S LAND UNDER SECTION 24(2) OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AT ANNEX-C AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, COURT MADE THE FOLLOWING:
O R D E R Though this matter is listed for orders, with consent of learned counsel on both sides, it is heard finally.
2. Petitioner is stated to be the owner of land bearing Sy.No.121/1Y, measuring 4 Guntas, situated at Bhogadi 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), and Final Notification dated 19/03/1996, issued by the respondent Nos.3 and 4. They have also sought a declaration that acquisition proceedings of respondent No.2, pertains to Bhogadi 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 petitioners and learned counsel for respondents 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 as 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 petitioners’ land therein is concerned. Consequently, the aforesaid writ petitions have 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 S*