Allowed

Mrs. Hildaabraham v. State of Karnataka

Karnataka HC4 Nov 2024WP/9765/2024

Case brief

AI extract

What is this about?

Writ petition challenging a 1997 preliminary land acquisition notification for a Mysore layout; following this court's prior decisions quashing the notification for non-implementation, the High Court allowed the petition and quashed it as regards the petitioner's land.

What did the court decide?

Preliminary Notification dated 15.07.1997 (Annexure-E) quashed insofar as the petitioner's land is concerned.

Mrs. Hildaabraham Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:44011 WP No. 9765 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9765 OF 2024 (LA-RES)

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BETWEEN:

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MRS. HILDAABRAHAM W/O ABRAHAM JOSEPH AGED ABOUT 70 YEARS CHIRAHIL HOUSE MUITHUM CHURCH VTC, CHAIRATALA NORTH POST CHAIRTALA, SUBBILLE CHIATRALA ALAPOLEJA KERALA - 588 524.

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ALSO RESIDING AT NO.13 6^TH MAIN, PARAMAHAMSA ROAD YADAVAGIRI MYSURU - 570 010.

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…PETITIONER

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Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka

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(BY SMT. SALEELA J. BHAT, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT M S BUILDING BENGALURU 560001.

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MYSORE URBAN DEVELOPMENT AUTHORITY JANSHILAKSHMI BAI ROAD MYSORE - 570005.

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NC: 2024:KHC:44011 WP No. 9765 of 2024

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SPECIAL LAND ACQUISTION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY JANSHILAKSHMI BAI ROAD MYSURU - 570005.

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THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSURU - 560001.

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THE THASILDAR MYSORE TALUK MYSORE DISTRICT - 560 001

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…RESPONDENTS

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(BY SRI. MANJUNATH K., HCGP FOR R1, R4 AND R5; SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R2 & R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ACQUISITION PROCEEDINGS OF THE RESPONDENTS NO.2 AND 3, IN NOTIFICATION NO.LAQ(1)CR/38/1997-98 DATED 15.7.1997 (ANNEXURE-E) IN SOFAR AS OLD SURVEY NO.31/2 WHICH IS NEW SURVEY NO. 31/7, MEASURING 20 GUNTAS IN KERAGALLI VILLAGE, JAIPURA HOBLI, MYSORE TALUK AND DISTRICT, REGARDING THE PETITIONER CONCERNED; AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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3 - NC: 2024:KHC:44011 WP No. 9765 of 2024

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ORAL ORDER

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Sri. Manjunath K., learned High Court Government Pleader accepts notice for the

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respondents 1, 4 and 5. Sri. G.B. Sharath Gowda, learned counsel accepts notice for respondents 2 and 3.

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Heard the learned counsel appearing for the

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parties.

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In this writ petition, the petitioner is

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assailing the Preliminary Notification dated 15.07.1997 issued by the respondent-authorities to acquire the land in question for the purpose of formation of Ravindranath Tagore Layout at Mysore. It is submitted

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by the learned counsel appearing for the parties that, in the catena of decisions, this court has quashed the impugned Preliminary Notification on the ground that the respondent-authorities have not implemented the

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NC: 2024:KHC:44011 WP No. 9765 of 2024

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notification as such. In that view of the matter, the writ petition is allowed . The Preliminary Notification dated 15.07.1997 (Annexure-E) insofar as the subject matter of land in question is hereby quashed.

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SD/(E.S.INDIRESH) JUDGE

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SB List No.: 1 Sl No.: 7

Mrs. Hildaabraham v. State of Karnataka

Case brief

What is this about?

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Mrs. Hildaabraham v. State of Karnataka

Case brief

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