Sri Surya Prakash vs The State Of Karnataka
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Karnataka High Court

Sri Surya Prakash vs The State Of Karnataka on 5 April, 2024

Author: N S Sanjay Gowda

Bench: N S Sanjay Gowda

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                                                  NC: 2024:KHC:14292
                                               WP No. 46056 of 2011




                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 5TH DAY OF APRIL, 2024

                                     BEFORE
                   THE HON'BLE MR JUSTICE N S SANJAY GOWDA
                   WRIT PETITION NO. 46056 OF 2011 (LA-UDA)
            BETWEEN:

            1.    SRI SURYA PRAKASH
                  S/O J SIDDAIAHAGED
                  ABOUT 51 YEARS
                  R/AT DOOR NO.11, ALANAHALLI VILLAGE,
                  KASABA HOBLI, MYSORE TALUK AND DIST.
                                                         ...PETITIONER
            (BY SRI. C.M.NAGABHUSHAN, ADVOCATE FOR
                SRI. CHRISTOPHER NOEL A., ADVOCATE)

            AND:

            1.    THE STATE OF KARNATAKA
                  REP BY ITS SECRETARY
                  DEPARTMENT OF URBAN DEVELOPMENT
                  M S BUILDING, BANGALORE-560 001.

Digitally   2.    THE MYSORE URBAN
signed by
KIRAN             DEVELOPMENT AUTHORITY
KUMAR R           REP BY ITS COMMISSIONER
Location:
HIGH              J L B ROAD, MYSORE CITY,
COURT OF          DIST MYSORE.
KARNATAKA

            3.  THE SPECIAL LAND ACQUISITION OFFICER
                MYOSRE URBAN DEVELOPMENT AUTHORITY,
                J L B ROAD, MYSORE CITY, DIST MYSORE.
                                                      ...RESPONDENTS
            (BY SRI. MANJUNATHA RAYAPPA, AGA FOR R-1;
                SMT.ASHWINI M.V.., ADVOCATE FOR R-2 & R-3)

                THIS WRIT PETITION IS FILED UNDER ARTICLES 226
            AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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                                                       NC: 2024:KHC:14292
                                                  WP No. 46056 of 2011




DECLARE THAT THE ACQUISITION PROCEEDINGS BY
PRELIMINARY NOTIFICATION IN NO. LAQ(5)CR.7/92-93,
GAZETTED ON 25.06.1992 AND CONCLUDED BY ISSUANCE OF
FINAL NOTIFICATION UNDER THE PROVISIONS OF KUDA ACT
18.3.1996 GAZETTED ON 11.7.1996 AS LAPSED, IN SO FAR AS
LAND OF THE PETITIONER IS CONCERNED.

     THIS PETITION, COMING ON FOR HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:

                                ORDER

1. The prayer in this petition is to quash the

notifications dated 25.06.1992 and the declaration dated

18.03.1996 issued under the provisions of Karnataka

Urban Development Authorities Act, 1987 ("KUDA Act") as

having been lapsed insofar as the land of the petitioner is

concerned.

2. The learned counsel for the petitioner submits that in

respect of the very same notifications, a Co-ordinate

Bench of this Court in W.P. No.12419 of 2018 (LA-UDA),

has come to the conclusion that the impugned notifications

would have to be quashed insofar as the land of the

petitioner are concerned on the ground that the Scheme

for which the lands were notified had not been

substantially executed.

NC: 2024:KHC:14292

3. In my view, in light of the said judgment in which

similar contentions were advanced and considered, this

writ petition would also have to be disposed of in the same

terms.

4. The learned counsel for the MUDA however submits

that as against the order of W.P. No.12419 of 2018, a writ

appeal has been preferred, however, the learned counsel

for the petitioner disputes that the writ appeal has been

filed against the order passed in W.P. No.12419 of 2018.

5. Be that as it may, since a Co-ordinate Bench of this

Court has already been taken the view that the Scheme

had not been substantially executed, and hence, the

impugned notifications were required to be quashed, it

would be appropriate to follow said decision and pass

similar order.

6. It is needless to state that it would be open for the

MUDA to challenge this order along with the writ appeal

that it is said to have been filed.

NC: 2024:KHC:14292

7. The writ petition is accordingly allowed.

Sd/-

JUDGE RK CT: SN