Karnataka High Court
Smt Saraswati W/O Rajanikant Doddamani vs The State Of Karnataka on 13 February, 2026
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NC: 2026:KHC-D:2275
WP No. 100542 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF FEBRUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.100542 OF 2026 (LA-UDA)
BETWEEN:
SMT. SARASWATI W/O. RAJANIKANT DODDAMANI
AGED ABOUT 55 YEARS, R/O. HOUSE NO.148,
BASAVESHWARNAGAR, LAKSHMI LAYOUT,
GOKUL ROAD, HUBBALLI,
TQ. HUBBALLI, DIST. DHARWAD-580021.
...PETITIONER
(BY SMT. NAYANA TARA B.G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
VIDHANA VEEDHI, BENGALURU-560001.
2. HUBBALLI DHARWAD URBAN DEVELOPMENT
REPRESENTED BY ITS COMMISSIONER,
MANJANNA NAVANAGAR, HUBBALLI, TQ. HUBBALLI,
E DIST. DHARWAD-580021.
...RESPONDENTS
Digitally signed by
MANJANNA E
Location: HIGH COURT
(BY SRI. PRAVEEN K.UPPAR, AGA FOR R1;
OF KARNATAKA
DHARWAD BENCH SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2)
Date: 2026.02.21
11:31:20 +0530
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 23-
07-2010 BEARING NO.SAM.HU.DHA.NA.PRA.BHUSWA-2/C.AR-4/2009-
10, 1/1565, ISSUED UNDER SECTIONS 17(1) AND 17(3) OF THE
KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987,
INSOFAR AS IT RELATES TO THE PETITIONER'S LANDS BEARING SY.
NO. 82/2 MEASURING 4 ACRES 8 GUNTAS AND SY.NO.82/3
MEASURING 2 ACRES 20 GUNTAS, SITUATED AT GABBUR VILLAGE,
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NC: 2026:KHC-D:2275
WP No. 100542 of 2026
HC-KAR
HUBBALLI TALUK, DHARWAD DISTRICT, PRODUCED AS ANNEXURE-H;
AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
ORAL ORDER
The petitioner has approached this Court seeking for the following prayers.
"a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Preliminary Notification dated 23-07-2010 bearing No. SAM.HU.DHA.NA.PRA.BHUSWA-2/C.AR- 4/2009-10, 1/1565 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 insofar as it relates to the petitioner's lands bearing Sy.No.82/2 measuring 4 Acres 8 Guntas and Sy.No.82/3 measuring 2 Acres 20 Guntas, situated at Gabbur Village, Hubballi Taluk, Dharwad District, produced as Annexure-H;
b. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the endorsement bearing No.Hu.Da.Na.Pra:Bhu. Swa/2024-25/E-180395 dated 06.12.2025 issued by Respondent No.2, produced as Annexure-K;
c. Declare that the entire acquisition proceedings initiated pursuant to the Preliminary Notification dated 23-07-2010 have lapsed, on account of inordinate delay, abandonment, non-issuance of final notification, non-passing of award, non- payment of compensation, non-taking of -3- NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR possession, absence of subsisting public purpose and by operation of law, including under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
d. Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity."
2. The petitioner has called in question the preliminary notification dated 23.07.2010 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 ("the Act" for short) (Annexure-H) in respect of the petitioner's land bearing Sy.No.82/2 measuring 4 Acres 8 Guntas and Sy.No.82/3 measuring 2 Acres 20 Guntas, both are situated at Gabbur Village, Hubballi Taluk, Dharwad District.
3. Respondent No.2 thereafter by a resolution dated 06.08.2016 (Annexure-J), resolved to drop the entire scheme pertaining to the Gabbur village and recommended respondent No.1-State to drop the acquisition proceedings. However, no further action was taken by the State -4- NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR Government pursuant to the said resolution. No final declaration under Section 19 (1) of the Act was issued. Aggrieved by the inaction and continuation of the preliminary notification, the petitioner has approached this Court in this writ petition.
4. Learned counsel for the petitioner submits that the Scheme was never implemented, no final notification under Section 19 (1) of the Act has been issued. Neither award has been passed nor possession taken and the respondent No.2 itself resolved to drop the Scheme on 06.08.2016. It is submitted that under similar circumstances, this Court in the case of Kamal Trading Corporation Vs. The State of Karnataka and another1 ("Kamal Trading Corporation") has quashed the notification, holding that the Scheme had lapsed under Section 27 of the Act. It is contended that in view of the statutory mandate 1 W.P.No.106010/2023 dated 12.10.2023 -5- NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR under Section 27 and the admitted resolution to drop the scheme, the acquisition proceedings have lapsed.
5. Learned counsel for respondent No.2 does not dispute:
i. the passing of resolution dated 06.08.2016;
ii. Recommendation made to the State Government to drop the scheme.
6. It is also not disputed that no final declaration under Section 19 (1) of the Act has been issued.
7. The question that falls for consideration is:
"Whether the acquisition proceedings initiated under the preliminary notification dated 23.07.2010 have lapsed in view of Section 27 of the Act?"
8. Section 27 of the Act mandates that the Authority shall execute the scheme within 5 years from the date of publication of the final declaration under Section -6- NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR 19(1) of the Act. Failure to adhere to the statutory time line, results in lapse of the scheme.
9. In the present case:
i. The preliminary notification was issued on 23.07.2010;
ii. No final declaration under Section 19 (1) has been issued.
iii. Respondent No.2 in its meeting dated 06.08.2016 resolved to drop the Scheme and recommended the same to the State Government.
iv. The competent authority itself found the lands not feasible for implementation of the Scheme.
10. This Court in the case of Kamal Trading Corporation has held at paragraph No.3, which reads as under:
"3. It is borne out from the records that respondent No.2 issued preliminary notification on 23.07.2010. However, respondent No.2 has recommended to drop the scheme. If preliminary -7- NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR notification was issued in 2010 and respondent No.2 being a competent development authority has recommended to drop the scheme, the scheme prepared by respondent No.2 even otherwise would lapse. Section 27 of the Act clearly contemplates that the Authority has to execute the scheme within five years from the date of publication of final declaration issued under sub-section 1 to Section 19 of the Act. In the present case on hand, respondent No.2 has found that the petition lands are not feasible for development scheme and therefore, recommendation is sent. The captioned petition needs to be allowed on two counts. Firstly, respondent No.2 being competent development authority has resolved to drop the proceedings on the ground that the petition lands are not feasible to implement the scheme. Secondly, the preliminary notification is also liable to be quashed as respondents 1 and 2 have not resolved to issue final declaration under Section 19(1) of the Act. Since there is failure to adhere to time schedule prescribed under Section 27 of the Act, the scheme has automatically lapsed and therefore, the sanction granted by respondent No.1 to implement the scheme prepared by respondent No.2 also does not survive for consideration. For the reasons stated supra, I pass the following:-8-
NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR ORDER
i) The writ petition is allowed.
ii) The impugned endorsements vide Annexure-E dated 19.12.2009 issued by respondent No.1 and Annexure-F dated 23.07.2010 issued by respondent No.2, insofar as petition lands are concerned, are hereby quashed by holding that the acquisition has lapsed under Section 27 of the Karnataka Urban Development Authorities Act.
iii) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly."
11. Thus, from the facts narrated above, where the Development Authority resolves to drop the Scheme, and fails to proceed further within the statutory time line, the Scheme automatically lapses under Section 27 of the Act and both the ingredients are satisfied in the present writ petition and the scheme cannot be permitted to subsists indefinitely. Accordingly, the point framed for consideration is answered and this Court pass the following: -9-
NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR ORDER i. The writ petition is allowed.
ii. The preliminary notification dated 23.07.2010 (Annexure-H) is hereby quashed issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 insofar as it relates to the petitioner's lands bearing Sy.No.82/2 measuring 4 Acres 8 Guntas and Sy.No.82/3 measuring 2 Acres 20 Guntas, situated at Gabbur Village, Hubballi Taluk, Dharwad District. Consequently, the impugned endorsement dated 06.12.2025 (Annexure-K) issued by respondent No.2, is hereby quashed.
iii. It is held that the acquisition proceedings have lapsed under Section 27 of the
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NC: 2026:KHC-D:2275 WP No. 100542 of 2026 HC-KAR Karnataka Urban Development Authorities Act, 1987.
Pending applications, if any, stand disposed of.
Sd/-
JUSTICE K.S.HEMALEKHA AM/-
Ct:VH List No.: 1 Sl No.: 13