S Prabhakar vs State Of Karnataka
2022 Latest Caselaw 2678 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 17TH DAY OF FEBRUARY 2022

                        BEFORE

     THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

        WRIT PETITION No.1402/2022(LA-UDA)
BETWEEN:

1.     S PRABHAKAR
       AGED ABOUT 73 YEARS
       S/O LATE N.SRINIVASAN
       RESIDING AT NO.3A, II MAIN, II CROSS
       JAYANAGAR MYSORE-570014.

2.     SMT. G CHETANA
       AGED ABOUT 42 YEARS
       D/O LATE GOPAL S.

3.     SMT. SHILPA
       AGED ABOUT 40 YEARS
       D/O LATE GOPAL S
       W/O RAVI KUMAR
       ALL ARE RESIDING AT
       NO.3 II MAIN, II CROSS
       JAYANAGAR MYSORE -570014.

4.     RAVI KUMAR
       AGED ABOUT 22 YEARS
       S/O LATE ASHA RANI G
       D/O LATE GOPAL S
       RESIDING AT NO.3, II MAIN, II CROSS
       JAYANAGAR MYSORE -570014.
                                        ...PETITIONERS

(BY SRI.MAHESH R UPPIN, ADV.(VC))
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AND

1.    STATE OF KARNATAKA
      REPRESENTED BY ITS
      PRINCIPAL SECRETARY
      TO GOVERNMENT
      DEPARTMENT OF HOUSING
      AND URBAN DEVELOPMENT DEPARTMENT
      M.S. BUILDING
      BENGALURU-560001.

2.    THE COMMISSIONER
      MYSORE URBAN DEVELOPMENT AUTHORITY, J.L.B.
      ROAD, MYSORE-570005.

3.    THE SPECIAL ALAND ACQUISITION OFFICER
      MYSORE URBAN
      DEVELOPMENT AUTHORITY
      J.L.B. ROAD, MYSORE-570005.
                                      ...RESPONDENTS

(BY SRI.SESHU V., HCGP FOR R1(PH):
    SRI. SHIVRAMU H.C., ADV. FOR R2 & R3(PH))

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE PRELIMINARY NOTIFICATION DTD 13.12.2006
ISSUED BY THE R-2 VIDE ANNX-A IN SO FAR AS THE
FOLLOWING LANDS BELONGED TO THE FIRST PETITIONER
AND PETITIONER NOS.2 TO 4 SHOW IN THE SCHEDULE
AND ETC.

     THIS WRIT PETITION COMING ON FOR           ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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                        ORDER

Learned High Court Government Pleader is

directed to take notice for respondent No.1.

Sri H. C. Shivaramu, learned counsel is directed

to take notice for respondent Nos.2 and 3.

2. The case of the petitioners is that petitioner

guntas out of 1 acre 6 guntas situated at Bhogadi

Village, Mysuru Taluk, Mysuru District. The said land

has been acquired by respondent No.2 for formation

of Lalithadrinagar II Stage Layout. Petitioner Nos.2, 3

and 4 are the owners of land bearing Sy.No.155/1

measuring 30 guntas out of 1 acre 30 guntas situated

on the above said Village. The said land has also been

acquired by respondent No.2 including the land of

other members of the petitioners family for the

purpose of formation of Lalithadrinagar II Stage

Layout by notification dated 13.12.2006 issued under

Section 17(1) of the Karnataka Urban Development

Authorities Act, 1987 published in Official Gazzette on

21.12.2006 whereunder the lands specified under the

said notification was sought to be acquired for the

formation of layout known as "Lalithadripura, II

Stage" including the lands of the petitioners.

3. On account of said scheme under which the

lands of petitioners' were proposed to be acquired

having not been executed within a period of 5 years,

petitioners are before this Court contending that

within 5 years from the date of publication of

notification in the official Gazette under Section 19(1)

having not been issued even after lapse of 10 years,

the impugned notification dated 13.12.2006 published

in official gazette on 21.12.2006 insofar as the land of

petitioner No.1 measuring 35 guntas out of 1 acre 6

guntas in Sy.No.155/4 and the land of petitioner

Nos.2, 3 and 4 measuring 30 guntas out of 1 acre 30

guntas in Sy.No.155/1 situated at Bhogadi Village,

Mysuru Taluk, Mysuru District, is liable to be quashed.

4. Sri Mahesh R. Uppin, learned counsel

appearing for the petitioners has relied upon the

judgment of this Court rendered in W.P.No.3776/2018

disposed of on 06.02.2018, whereunder the

Co-ordinate Bench has referred to the order passed in

W.P.Nos.55088-55089/2016 dated 03.11.2016 to

quash the notification therein. In similar

circumstances, this Court has already taken note of

the fact that acquisition had lapsed and as such had

quashed the notification insofar as petitioner therein

are concerned and similar benefit deserves to be

extended to the petitioners herein by allowing the writ

petition.

5. Sri Seshu.V, learned HCGP for respondent

No.1 and Sri. H.C.Shivaramu, learned counsel

appearing for the respondent Nos.2 and 3 would not

dispute above said factual position and submits the

present writ petition could also be disposed of in

terms of the earlier orders passed by this Court.

6. In the aforesaid circumstances and the

orders passed by the Co-ordinate Bench referred to

herein supra being squarely applicable to the case on

hand and petitioners herein being entitled to the relief

sought for, preliminary notification dated 13.12.2006

vide Annexure-A is hereby quashed insofar as the

lands belonging to the petitioners are concerned

namely the land of petitioner No.1 measuring 35

guntas out of 1 acre 6 guntas in Sy.No.155/4 and the

land of petitioner Nos.2, 3 and 4 measuring 30 guntas

out of 1 acre 30 guntas in Sy.No.155/1 situated at

Bhogadi Village, Mysuru Taluk, Mysuru District.

Accordingly, the writ petition is disposed of.

Sd/-

JUDGE

HA/-