Allowed

Shri. Veerbhadra S/O Odattappa Attimarad v. the State of Karnataka

Karnataka HC6 Dec 2022WP/100469/2018

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, allowed a writ petition filed by a landowner. The court followed a prior decision (W.P. No. 105480/2019) and quashed the preliminary notification of 1988 and an endorsement dated 2016 affecting the petitioner's land. The court also directed the Belagavi Urban Development Authority to issue a No Objection Certificate for specific land plots.

What did the court decide?

Preliminary notification dated 25.09.1988 and endorsement dated 9.11/12.2016 quashed; Second Respondent directed to issue No Objection Certificate for specific land plots.

Shri. Veerbhadra S/O Odattappa Attimarad Vs the State of… — Land Acquisition | Karnataka HC (2022)

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WP No. 100469 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF DECEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

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WRIT PETITION NO. 100469 OF 2018 (LA-UDA)

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BETWEEN:

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SHRI. VEERBHADRA S/O ODATTAPPA ATTIMARAD AGE: 77 YEARS, OCC: AGRICULTURE, R/O: PLOT NO.4, NAZAR CAMP, 5^TH CROSS, YELLUR ROAD, M-VADAGAON, BELAGAVI.

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… PETITIONER

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(BY SRI. HARISH S MAIGUR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU.

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BELAGAVI URBAN DEVELOPMENT AUTHORITY BELAGAVI, REPRESENTED BY ITS COMMISSIONER, ASHOK NAGAR, BELAGAVI.

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… RESPONDENTS

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(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1; SHRI M.A. HULYAL, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENTIRE ACQUISITION PROCEEDINGS RIGHT FROM THE ISSUANCE OF PRELIMINARY NOTIFICATION ISSUED BY R2, DATED 25.09.1988,, PUBLISHED IN THE STATE GAZETTE VIDE ANNEXURE-C AND DECLARATION ISSUED BY R1, DATED 24.10.1992 PUBLISHED IN THE STATE GAZETTE DATED 12.11.1992 VIDE ANNEXURE-D SO FAR THE PETITIONER’S LAND IS CONCERNED.

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WP No. 100469 of 2018

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

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ORDER

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Both the learned counsel submits that the issue raised in this writ petition is covered by the decision of this court rendered in W.P. No.105480/2019, which was decided on 29^th June 2020.

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In view of the above, this writ petition is also disposed off in the same terms and the preliminary notification dated 25.09.1988 and the endorsement dated 9.11/12.2016 vide Annexure-H are quashed.

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The second respondent is directed to issue a No objection certificate in respect of the petitioner’s lands bearing R.S. No.526/5 measuring 18 guntas and R.S. No.526/6 measuring 14 guntas of Basavan Kudachi Village, Taluka and District Belagavi.

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The writ petition is accordingly disposed off.

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Vnp* List No.: 1 Sl No.: 45

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sd JUDGE

Shri. Veerbhadra S/O Odattappa Attimarad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Veerbhadra S/O Odattappa Attimarad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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