Karnataka High Court
WRIT PETITION 2842 of 2025 on 6 October 1997
Digitallysigned bySUMA B NLocation:HIGH COURTOFKARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27[TH] DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
-WRIT PETITION NO. 2842 OF 2025 (LAUDA)
BETWEEN:
SRI M SHANKAR S/O. LATE MADAIAH URF CHAKRA MADAIAH, AGED ABOUT 58 YEARS, R/AT. 197, JAYAPURA HOBLI, KERAGALLI POST, MYSORE TALUK, MYSORE - 570 026.
…PETITIONER
(BY SMT. KUSUMA M., ADVOCATE)
AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M.S. BUILDING, BANGALORE - 560 001. M.S. BUILDING, BANGALORE - 560 001.
2. MYSORE URBAN DEVELOPMENT AUTHORITY,
JHANSI LAKSHMI BAI ROAD, MYSORE - 570005. BY ITS COMMISSIONER. MYSORE - 570005. BY ITS COMMISSIONER.
3. SPECIAL LAND ACQUISITION OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005. MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE - 570 005.
…RESPONDENTS
(BY SRI. SPOORTHY HEGDE N., HCGP FOR R1; SRI. T.P. VIVEKANANDA, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 06.10.1997, BEARING NO LAQ(1)CR/81/97-98 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED.
Page 1 of 2
OR IN THE ALTERNATIVE
ISSUE A WRIT IN THE NATURE OF DECLARATION OR ANY APPROPRIATE WRIT OR ORDER OR DIRECTION, DECLARING THAT THE LAND ACQUISITION PROCEEDINGS INITIATED BY ISSUANCE OF PRELIMINARY NOTIFICATION DATED 06.10.1997, BEARING NO.LAQ(1)CR/81/97-98 BY THE 3[RD]RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION HAS LAPSED BY VIRTUE OF COMING INTO FORCE OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 INSOFAR AS SCHEDULE LAND BELONGING TO THE PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner claiming to be the owner of the land in Sy.No.213/1 measuring 1 acre 6 guntas situated at Keragahalli Village, Jayapura Hobli, Mysuru Taluk and District which was sought to be acquired by the respondent-MUDA in terms of Preliminary Notification dated 06.10.1997 for the purpose of formation of residential layout known as Ravindranath Tagore Layout is before this Court seeking quash of the said notification on the premise that even after lapse of 27 years of issuing of the said preliminary notification respondent-MUDA has not passed any award, nor has it taken possession and has not even issued the final notification. Hence, seeks for quashing of the said preliminary notification.
2. This Court by order dated 24.02.2025 passed in W.P.No.19164/2016 and connected matters has quashed the aforesaid preliminary notification.
Accordingly, present petition is allowed in terms of the aforesaid order passed in W.P.No.19164/2016 and connected matters.
SD/- (M.G.S. KAMAL) JUDGE
Page 2 of 2
Loading citations and judicial treatment…