Allowed

Sri. Venkatappa v. State of Karnataka

Karnataka HC15 Mar 2024WP/3267/2024

Case brief

AI extract

What is this about?

Landowner challenged a 2006 preliminary notification under Section 17(1) KUDA Act for layout formation covering his land. Following earlier coordinate bench decisions holding that failure to issue final notification vitiates the acquisition, the court allowed the petition and quashed the preliminary notification as regards the petitioner's land.

What did the court decide?

Preliminary notification dated 28.12.2006 quashed insofar as petitioner's land is concerned.

Sri. Venkatappa Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:10747 WP No.3267 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF MARCH, 2024 BEFORE

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THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO.3267 OF 2024 (LA-UDA)

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BETWEEN:

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SRI. VENKATAPPA S/O LATE CHIKKAMARAIAH, AGED ABOUT 65 YEARS, R/O # 199, YANDAHALLI VILLAGE, NEAR GOVERNMENT SCHOOL ROAD LALITHADRIPURA POST, VARUNA HOBLI, MYSURU - 570010.

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…PETITIONER

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(BY SRI. K R LINGARAJU., ADVOCATE)

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AND:

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Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001.

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THE COMMISSIONER, MYSORE UNION DEVELOPMENT AUTHORITY, J.L.B ROAD MYSURU - 570005.

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THE SPECIAL LAND ACQUISITION OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, MYSURU - 570005.

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…RESPONDENTS

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(BY SRI. MANJUNATHA K., HCGP FOR R1; SRI. T.P.VIVEKANANDA, ADVOCATE FOR R2 & R3.)

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NC: 2024:KHC:10747 WP No.3267 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO.LAQ(2)CR/161. 2005-2006 DTD 28.12.2006, ISSUED BY THE R2 VIDE ANNEXURE-A, PUBLISHED U/S 17(1) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITY ACT, 1987 FOR FORMATION OF LAYOUT KNOWN AS LALBAHADUR SHASTRI NAGAR II STAGE IN RESPECT OF PETITIONER LAND BEARING SY.NO.12/4 MEASURING 1 ACRE 5 GUNTAS SITUATED AT YANDAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK AND DISTRICT (SL.NO.23 IN THE PRELIMINARY NOTIFICATION) IN TERMS OF ORDERS IN WRIT PETITION NO.52285/2019 (LAUDA) DTD 22.01.2020, WRIT PETITION NO.10179/2020 (LAUDA) DTD 21.10.2020 AND WRIT PETITION NO.11837/2023 (LA-UDA) DTD 19.06.2023 VIDE ANNEXURE-G, G1 AND G2.

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

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ORDER

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It is not in dispute that the prayer sought for in this writ petition is covered by the decision rendered by this Court

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in the case of CHOWDA SHETTY v. STATE OF KARNATAKA

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AND OTHERS rendered in Writ Petition No.47125 of 2016 decided on 24^th October, 2016; and in the case of SRI

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SHIVANNA v. STATE OF KARNATAKA AND OTHERS

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rendered in Writ Petition No.1409 of 2018 decided on 06^th February, 2018, which has been followed by another Coordinate Bench of this Court in Writ Petition No.11837 of 2023 in which it has been held that the non-issuance of final

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NC: 2024:KHC:10747 WP No.3267 of 2024

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notification despite issuance of preliminary notification in the year 2006 would vitiate the entire acquisition.

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