Fakirappa S/O Balappa Dandagi v. the State of Karnataka
Case brief
What is this about?
Quashing of preliminary notification dated 16.11.2010 issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 by Hubballi Dharwad Urban Development Authority; lapse of acquisition under Section 27 KUDA Act for failure to execute the scheme within five years of the final declaration under Section 19(1); development authority's resolution to drop scheme as land not feasible; non-issue of final declaration; writ of certiorari under Articles 226 and 227 of the Constitution; Section 24(1) of the RFCTLARR Act, 2013 invoked in the prayer; lands at Gokul village, Hubballi taluk, Dharwad district; State inaction on dropping recommendation.
What did the court decide?
Writ petition allowed; the impugned notification dated 16.11.2010 (Annexure-B) issued by respondent No.2 quashed insofar as Sy.No.88A/3 measuring 2 acres, Sy.No.88A/2 measuring 1 acre and Sy.No.88/K measuring 20 gunta at Gokul village, Taluka Hubballi, District Dharwad, holding that the acquisition has lapsed under Section 27 of the Karnataka Urban Development Authorities Act.