The Karnataka High Court quashed a preliminary notification for land acquisition issued in 1997 due to inordinate inactivity and prior orders quashing similar notifications, disallowing the petition to stay affected.
Preliminary notification cancelled concerning petitioners' lands.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION No.3066/2021 (LA-UDA)
BETWEEN:
(By Sri K.R. Lingaraju, Advocate)
AND:
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(By Sri G.B. Sharath Gowda, Advocate for R1)
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the preliminary notification dated 06.10.1997 issued by the R-2 vide Annexure-A published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 for formation of layout known as Ravindranath Tagore Layout, 2nd Stage, in respect of the petitioner No.1 land bearing Sy. No.73/1 measuring 11 guntas and the petitioner No.2 land bearing Sy. No.67/1 measuring 1 acre 23 guntas, both the lands are situated at Maratikyathanahalli, Jayapura Hobli, Mysuru Taluk and District (Sl. Nos.22 and 7 in the preliminary notification) in terms of orders in W.P. Nos.50911-50914/2016 dated 03.11.2016, W.P. Nos.58604-608/2017 dated 04.01.2018 and W.P. No.78/2020 dated 10.02.2020 vide Annexure-F, F1 and F2 respectively and etc.
This Writ Petition coming on for orders this day, the Court made the following:
ORDER
Petitioners submit that the present petition has been filed challenging the validity of the preliminary notification at Annexure-A bearing No.LAQ (1) CR 82/97-98 published under Section 17(1) of the Karnataka Urban Development Authority Act, 1987 in connection with the formation of a layout known as 'Ravindranath Tagore Layout, 2nd Stage' in respect of 1st petitioner's land in Sy. No.73/1 measuring 11
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guntas and 2nd petitioner's land in Sy. No.67/1 measuring 1 acre 23 guntas, situated at Maratikyathanahalli, Jayapura Hobli, Mysuru Taluk and District.
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Accordingly, the petition is disposed off .
Sd/JUDGE
VP
1 issue framed by the court
Whether the preliminary notification for land acquisition should be quashed due to inordinate delay and lack of further proceedings.
Smt. Nagarathnamma
Sri Siddegowda
The State of Karnataka
Mysore Urban Development Authority
The Special Land Acquisition Officer
S. Sunil Dutt Yadav
As recorded by the court registry
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