Sri Suresha vs State Of Karnataka
2021 Latest Caselaw 7160 Kant

     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 23RD DAY OF DECEMBER 2021

                        BEFORE

        THE HON'BLE MR. JUSTICE ASHOK.S.KINAGI

     WRIT PETITION NO.23573 OF 2021 (LA-UDA)


BETWEEN:

SRI. SURESHA,
S/O LATE JAVAREGOWDA,
AGED ABOUT 50 YEARS,
R/AT MARATEEKYATHANAHALLI,
JAYAPURA HOBLI,
MARATEEKYAATHANAHALLI POST,
MYSORE TALUK, MYSORE - 570 026.
                                        ...PETITIONER

(BY SMT.KUSUMA.M., ADVOCATE OF 'GURU ASSOCIATES')

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY,
       DEPARTMENT OF HOUSE AND URBAN,
       M.S. BUILDING, BANGALORE - 560 001.

2.     MYSORE URBAN DEVELOPMENT AUTHORITY,
       JHANSI LAKSHMI BAI ROAD,
       MYSORE - 570 005.
       BY ITS COMMISSIONER.
                              2




3.   SPECIAL LAND ACQUISITION OFFICER,
     MYSORE URBAN DEVELOPMENT AUTHORITY,
     JHANSI LAKSHMI BAI ROAD,
     MYSORE - 570 005.
                                    ...RESPONDENTS

(BY SMT. KAVITHA.H.C, HCGP FOR R1
    SRI. G.B.SHARATH GOWDA, ADVOCATE FOR R2 & R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH PRELIMINARY NOTIFICATION DTD. 06.07.1997
ISSUED BY THE R-2 AUTHORITY AT ANNX-A TO THE WRIT
PETITION INSOFAR AS SCHEDULE PROPERTY BELONGING
TO THE PETITIONER IS CONCERNED AND ETC.,
     THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Smt. H.C.Kavitha, learned HCGP accepts notice for

respondent No.1.

2. Sri. G.B.Sharath Gowda, learned counsel

accepts notice for respondent Nos.2 and 3.

3. Learned counsel for the parties submits that

matter is covered by order of Co-ordinate Bench of this

Court in W.P.Nos.50911-14/2016 disposed on 03.11.2016

and W.P.Nos.58604-608/2017 disposed on 04.01.2018

and prays to dispose of this Writ Petition in terms of the

said order. Hence in view of the same, matter is taken of

for final disposal.

4. The petitioner has sought for declaration that

the land acquisition proceedings initiated by issuance of

Preliminary Notification dated 06.07.1997 issued by the

Mysore Urban Development Authority-Respondent No.2,

vide Annexure-A has lapsed by virtue of new Act came into

force of the Right to Fair Compensation and Transparency

in Land Acquisition, Rehabilitation and Resettlement Act,

2013 insofar as land of the petitioner is concerned.

5. Learned counsel for the petitioner submits that

the very same notification was challenged by land owners

in W.P.Nos.58604-608/2017 in the case of Sri.

Venkatappa & Ors. Vs. The State of Karnataka &

Ors., the Co-ordinate Bench of this Court, vide order dated

04.01.2018 has quashed the very same preliminary

notification dated 06.07.1997. It is seem from the said

order that by issuing impugned notification, respondents

ought to acquire the land for the formation of

'Ravindranath Tagore Layout 2nd Phase', however it was

noticed that though preliminary notification was issued on

06.07.1997, no declaration or final notification have issued

under Section 19 of the Karnataka Urban Development

Authority Act, 1987. In the circumstances, the Co-ordinate

Bench noticing the similar relief granted in the other batch

of Writ Petition Nos.50911-14/2016, disposed of on

03.11.2016 quashed the preliminary notification, insofar as

the land belonging to the petitioner.

6. In the facts and circumstances stated above,

the issue stands covered by the judgment of Co-ordinate

Bench of this Court, in the aforesaid Writ Petitions.

Therefore, preliminary notification dated 06.07.1997 vide

Annexure-'A' stands quashed insofar as the land belonging

to the petitioner.

7. Accordingly, the Writ Petition is allowed.

8. Learned counsel for the respondents are

permitted to file a memo of appearance of Vakalath within

a period of four weeks.

SD/-

JUDGE

BH/GRD