Allowed

Smt. Chennamma v. State of Karnataka

Karnataka HC8 Jul 2022WP/11027/2022

Case brief

AI extract

What is this about?

This writ petition challenged a preliminary notification for land acquisition. The petitioner argued the acquisition was previously quashed and should be barred by the Land Acquisition Amendment Act 2013. The High Court of Karnataka quashed the notification.

What did the court decide?

A Writ of Certiorari issued quashing the preliminary notification dated 12.12.2006 regarding the petitioner's land in Sy.Nos.60/1, 60/3A and 60/3B.

Smt. Chennamma Vs State of Karnataka — Land Acquisition | Karnataka HC (2022)

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WP No. 11027 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8TH DAY OF JULY, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.11027 OF 2022 (LA-UDA)

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BETWEEN:

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SMT.CHENNAMMA, S/O LATE THIMMAIAH, AGED ABOUT 80 YEARS, RESIDING AT BELOW MENTIONED ADDRESS NO.272, 5^TH MAIN, 16^TH CROSS, JAYANAGARA, MYSORE-570 014. (SENIOR CITIZEN BENEFITS NOT CLAIMED)

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…PETITIONER

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(BY SMT. KUSUMA.M.,ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOUSE AND URBAN, M S BUILDING, BANGALORE-560 001.

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MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570 005.

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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BY ITS COMMISSIONER.

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SPECIAL LAND ACQUISITON OFFICER, MYSORE URBAN DEVELOPMENT AUTHORITY, JHANSI LAKSHMI BAI ROAD, MYSORE-570 005.

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…RESPONDENTS

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(BY SRI.NITHYANANDA K R.,AGA FOR R1;

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SRI.H.C.SHIVARAMU, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 12.12.2006, BEARING NO.

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WP No. 11027 of 2022

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LAQ(6)CR 434/2005-06 ISSUED BY THE R2 AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONERS IS CONCERNED AND ETC.,

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

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ORDER

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The learned AGA accepts notice for respondent No.1. Sri.H.C.Shivaramu, learned Standing counsel accepts notice for respondents No.2 and 3.

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The petitioner is before this Court seeking for the following reliefs:

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1. Issue a Writ of Certiorari or any other similar writ or Order or Direction, quashing Preliminary Notification dated 12.12.2006, bearing No. LAQ(6)CR 434/2005-06 issued by the 2^nd Respondent Authority at Annexure-A to the Writ Petition in so far as Schedule Property belonging to the Petitioners is concerned.

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(Or in the alternative)

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Issue a Writ in the nature of Declaration or any appropriate Writ or Order or Direction, declaring that the land acquisition proceedings initiated by issuance of Preliminary Notification dated:12.12.2006, bearing No.LAQ(6) CR 434/2005-06 by the 2^nd Respondent Authority at ANNEXURE-A to the Writ Petition has lapsed by virtue of coming in to force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in so far as Schedule Land belonging to the Petitioners is concerned.

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WP No. 11027 of 2022

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2. Grant such other reliefs as this Hon’ble Court fit in the facts and circumstances of the case in the interest of justice and equity.

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The contention of the petitioner is that the very same acquisition under which the lands of the petitioner in Sy.Nos.60/1, 60/3A and 60/3B in Sarkariuttanahalli Village, Kasaba Hobli, Mysuru Taluk were acquired has been quashed by this Court in W.P.Nos.47459461/2018 on 26.06.2019 and the said order has been followed in various other Writ Petitions insofar as the formation of the layout called “Shanthaveri Gopal Gowda” 2^nd Stage in Mysuru is concerned.

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On this ground, the learned counsel for the petitioner submits that the benefit of the order passed in W.P.Nos.47459-461/2018 is required to be extended to the petitioner also.

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Sri.H.C.Shivaramu, learned Standing counsel for respondents No.2 and 3 submits that the said order would apply to the petitioner’s case also.

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WP No. 11027 of 2022

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6. In view thereof, I pass the following:

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ORDER

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i. The Writ petition is allowed.

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ii. A Writ of Certiorari is issued, the preliminary notification bearing No.LAQ (6) CR 434/2005-06 dated 12.12.2006 in respect of petitioner’s property in Sy.Nos.60/1, 60/3A and 60/3B in Sarkariuttanahalli Village, Kasaba Hobli, Mysuru Taluk is hereby quashed.

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Sd/JUDGE

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Prs*

Smt. Chennamma v. State of Karnataka

Case brief

What is this about?

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Smt. Chennamma v. State of Karnataka

Case brief

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