Karnataka High Court
Kempama vs State Of Karnataka on 6 June, 2023
Bench: S.Sunil Dutt Yadav
-1-
NC: 2023:KHC:19403
WP No. 1798 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 1798 OF 2023 (LA-UDA)
BETWEEN:
1. KEMPAMA
W/O BASAVEGOWDA
AGED ABOUT 73 YEARS,
R/AT NUMBER 194,
WATER TANK BEEDI
VARUNA HUBLI,
CHORANAHALLI
MYSORE - 570 010
2. JAYAMMA
W/O CHIKKARANGAIAH
AGED ABOUT 55 YEARS
Digitally signed R/AT NUMBER 2361, CH 80
by VIDYA G R 4TH CROSS, IST MAIN
Location: High KG KOPPAL
Court of MYSORE - 57009
Karnataka
3. B SHIVANNA
S/O BASAVE GOWDA
AGED ABOUT 54 YEARS,
R/AT NO. 26, 2ND MAIN, 2ND CROSS,
JAYANAGAR
MYSORE - 570 014
4. LAKSHMI
W/O GANGADHAR
AGED ABOUT 53 YEARS,
NO. 322, NAYAKA STREET
-2-
NC: 2023:KHC:19403
WP No. 1798 of 2023
HINKAL
MYSORE - 570 017
5. SHANTHAMMA
W/O K RAMANNA
AGED ABOUT 46 YEARS,
R/AT HOSA KOTE DHAKALE KASBA HOBLI,
T NARASIPURA TALUK
HALE KEMPAIAH HUNDI
MYSORE DISTRICT - 571 110
6. REVANNA
S/O BASAVE GOWDA
R/AT NO. 194, VARUNA HOBLI,
CHORNAHALLI,
MYSORE - 570 010
... PETITIONERS
(BY SRI V. SRINIVAS, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOUSING AND URBAN
M.S. BUILDING
BANGALORE - 01
2. THE COMMISSIONER
MYSORE URBAN DEVELOPMENT AUTHORITY
JHANSI LAKSHMI BAI ROAD,
MYSORE - 570 005
3. THE SPECIAL LAND ACQUISITION OFFICER
MYSORE URBAN DEVELOPMENT AUTHORITY,
JHANSI LAKSHMI BAI ROAD,
MYSORE - 570005
... RESPONDENTS
(BY SRI. R. SRINIVASA GOWDA, AGA FOR R1;
SRI T.P. VIVEKANANAD, ADVOCATE FOR R2 & R3)
-3-
NC: 2023:KHC:19403
WP No. 1798 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED PRELIMINARY NOTIFICATION DATED
28/12/2006 BEARING NO. LAQ(2) CR 161/2005-06 ISSUED BY
THE R2 UNDER SECTION 17(1) OF THE KARNATAKA URBAN
DEVELOPMENT AUTHORITIES ACT, 1987 PUBLISHED IN THE
KARNATAKA OFFICIAL GAZETTE VIDE ANNEXURE-A IN SO FAR
AS LAND BEARING SY NO 5/1 MEASURING 1.18 ACRES
SITUATE AT CHORANAHALI VILLAGE, VARUNA HOBLI, MYSORE
TALUK WHICH IS AT SL. NO. 224 IN ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioners, whose lands have been notified by
virtue of notification under Section 17(1) of the Karnataka
Urban Development Authorities Act, 1987 ('the Act' for
brevity) for the purpose of formation of Lalbahadur Shastri
Nagar 2nd Stage, have called in question the validity of the
notification insofar as the land bearing Survey No.5/1
measuring 1.18 acres situate at Choranahalli Village,
Varuna Hobli, Mysore Taluk.
2. It is submitted that despite notification under
Section 17(1) of the Act having been passed, no further
action in terms of the statutory scheme to complete the
NC: 2023:KHC:19403
WP No. 1798 of 2023
acquisition process including the passing of final
notification and award have been initiated.
3. The said facts being un-controverted, noticing
that the Preliminary Notification having been passed in the
year 2006 and no further action having been taken and
also noticing that the relief in a identical factual matrix
with respect to the same layout has been extended to the
land owners in the order passed by this Court on
12.01.2018 in W.P.Nos.657-661/2018 (LA-UDA), in which
reliance is placed upon the judgment in the case of
C.G.Gangadhar v. Mysore Urban Development
Authority, Represented by its Commissioner reported
in (2013) 4 KLJ 559, the petitioners in the present
petition are also entitled for the same relief.
4. Accordingly, taking note that the Preliminary
Notification was passed on 28.12.2006 and the acquisition
process has not progressed, the acquisition proceedings
are construed to have lapsed and abandoned.
NC: 2023:KHC:19403
WP No. 1798 of 2023
5. Accordingly, the Preliminary Notification dated
28.12.2006 at Annexure-'A' is quashed insofar as the
petitioners' lands are concerned bearing Survey No.5/1
measuring 1.18 acres situate at Choranahalli Village,
Varuna Hobli, Mysore Taluk is concerned.
This petition is accordingly disposed off.
Sd/-
JUDGE
VGR
