IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA W.P.No.2252 OF 2017 [LA-UDA] AND W.P.Nos.6228 – 6231 OF 2017 Between:
1. Sri Veerabhadra S/o Late Bhadharammana Madhaiah Aged about 52 years.
2. Smt.Sarojamma W/o Late Erappa Aged about 56 years.
3. Sri Nagaraja S/o Late Bhadharammana Madhaiah Aged about 48 years.
4. Smt.Sarojamma W/o Sri Mallappa Aged about 46 years.
5. Sri Mahadevaswamy S/o Late Bhadharammana Madhaiah Aged about 44 years.
All are residing at Lalithadripura Village Varuna Hobli, Mysore Taluk and District 570 010. ... Petitioners (By:Sri B.N.Suresh Babu Advocate) And:
1. The State of Karnataka Revenue Department Vidhanasoudha Dr.B.R.Ambedkar Veedhi Bangalore 560 001 Represented by its Principal Secretary.
2. The Principal Secretary Urban Development Department Government of Karnataka Vidhanasoudha Dr.B.R.Ambedkar Veedhi Bangalore 560 001.
3. The Commissioner Mysore Urban Development Authority Jansilakshmibai Road Mysore 570 005.
4. The Special Land Acquisition Officer Mysore Urban Development Authority Jansilakshmibai Road Mysore 570 005. ... Respondents (By:Sri V.Shiva Reddy, HCGP for R1 & R2; Sri T.P.Vivekananda, Advocate for R3 & R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the Preliminary Notification so far it pertains to the lands of the petitioner dated 13.12.2006 issued by the R3 proposing to acquire the lands for formation of ‘Lalithadhrinagara 2nd Stage’ vide Annexure-A and etc.
These Writ Petitions, coming on for preliminary hearing ‘B’ Group, this day, the Court made the following:
ORDER Though these writ petitions are listed for preliminary hearing ‘B’ Group, with the consent of learned counsel on both sides, they are heard finally.
2. Petitioners’ counsel submits that preliminary notification dated 13.12.2006 (Annexure – A) issued under Section 17(1) of the Karnataka Urban Development Authority Act, 1987, (hereinafter referred to as ‘Act’ for the sake of brevity) has been issued for the formation of layout known as “Lalithadhrinagara 2nd Stage”. He submits that no declaration or final notification under Section 19 of the said Act has been issued. In the circumstance, the acquisition has lapsed. He further submits, this Court in similar writ petitions has granted relief to the land owners, one such order is in W.P.Nos.55088-55089/2016 dated 03.11.2016. He submits that a similar order may be made in the instant case also.
3 Learned counsel for respondent Nos.3 and 4 and the learned AGA for respondent Nos.1 and 2 endorse the submission made by petitioners’ counsel. They submit that the writ petitions could be disposed of in terms of the order referred to above.
4. In the circumstances, order referred to above being squarely applicable to petitioners herein, preliminary notification dated 13.12.2006 (Annexure-A) shall stand quashed in so far as land belonging to the petitioners herein are concerned, which is Sy.No.158/3 measuring 3 acres 32 guntas situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk & District.
Sd/- JUDGE Cm/-