IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRI PETITION No.23464/2018 (LA – UDA) BETWEEN :
SRI SHIVANANJAPPA S/O LATE PUTTAMARAPPA AGED ABOUT 62 YEARS R/AT LALITHADRIPURA VILLAGE VARUNA HOBLI, MYSURU57000 ...PETITIONER (BY SRI V.M.PRASAD, ADV.) AND :
1 . THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, Dr. B.R.AMBEDKAR VEEDHI, BENGALURU-560001 REP BY ITS PRINCIPAL SECRETARY 2 . THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA Dr. B.R.AMBEDKAR VEEDHI BENGALURU-560001 3 . THE UNDER SECRETARY URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA Dr. B.R.AMBEDKAR VEEDHI BENGALURU-560001 4 . THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005 5 . THE SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B. ROAD, MYSURU-570005 …RESPONDENTS (BY SRI E.S.INDIRESH, AGA FOR R-1 TO R-3; SRI T.P.VIVEKANANDA, ADV. FOR R-4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION ISSUED BY THE R-4 DATED 13.12.2006 IN SO FAR LAND BEARING SY.NO.4 MEASURING AN EXTENT OF 4 ACRES 10 GUNTAS OUT OF WHICH 3 ACRES 30 GUNTAS BELONGING TO THE PETITIONER SITUATED AT LALITHADRIPURA VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the Preliminary Notification dated 13.12.2006 issued by the 4th respondent Authority at Annexure-A to the writ petition insofar as the property of the petitioner is concerned.
2. It is submitted that the petitioner is the absolute owner of 4 acres 10 guntas of land in Sy.No.No.4 situated at Lalithadripura, Varuna Hobli, Mysuru Taluk. The Preliminary Notification dated 13.12.2006 was issued proposing to acquire the said land for the formation of Lalithadripura II Layout. It is the contention of the petitioner that though more than 12 years has lapsed from the issuance of the Preliminary Notification, the respondents have not chosen to issue Final Notification under Section 19 of the KUDA Act, 1987. Neither an award has been passed nor possession of the subject property has been taken.
3. Learned counsel has placed reliance on the decision of the Cognate Bench in W.P.Nos.47459-461/2018 (D.D.26.6.2019) in support of his contention.
4. Learned counsel for the respondents fairly and rightly submits that the subject matter of this writ petition is squarely covered by the decision of the Cognate Bench referred to above. No Final Notification being issued and no award being passed, the impugned Notification issued by the respondent dated 13.12.2006 deserves to be quashed insofar as the property of the petitioner is concerned.
5. In view of the decision of the Cognate Bench in W.P.Nos.47459-461/2018 referred to above, the petitioner being similarly situated is entitled for the similar relief.
Writ petition stands allowed. Preliminary Notification dated 13.12.2006 is quashed insofar as the property of the petitioner is concerned.
Sd/- JUDGE Dvr: