Sri Mahadeva Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Mahadeva Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the preliminary notification dated 18.12.1996 (Annexure-A) and the final notification dated 06.11.1997 (Annexure-B) issued under the KUDA Act, to the extent of the petitioner's land Sy.No.3/16 (new) (old Sy.No.3), measuring 17 guntas, Nadanahalli Village, Kasaba Hobli, Mysuru Taluk and District.

Issue for consideration

Whether the preliminary notification dated 18.12.1996 and final notification dated 06.11.1997 issued under the KUDA Act in respect of petitioner's land Sy.No.3/16 (new) (old Sy.No.3), 17 guntas, Nadanahalli Village, should be quashed, where no award was passed, possession was not taken, and the acquisition stood substantially abandoned apart from 15 guntas. +1 more

Court's answer

The writ petition is allowed and the preliminary notification dated 18.12.1996 (Annexure-A) and the final notification dated 06.11.1997 (Annexure-B) are quashed.

Ratio / Principle

The quashing is confined to the extent of the properties belonging to the petitioner.

Key takeaways

The order was passed in view of the facts and legal aspects not disputed by respondent-MUDA, namely that no award was passed, possession was not taken, and the lands were left out of acquisition except 15 guntas, consistent with the Co-ordinate Bench decision in WP.No.21239/2023.ratio¶34

Detailed headnote1 paragraphs

Land acquisition - KUDA Act - Writ petition under Articles 226 and 227 by owner of Sy.No.3/16 (new) (old Sy.No.3), 17 guntas, Nadanahalli Village, Kasaba Hobli, Mysuru, seeking quashing of preliminary notification dated 18.12.1996 under Section 17(1) and final notification dated 06.11.1997 under Section 19(1). Counsel showed that no award was passed and possession was not taken; SLAO endorsement dated 09.06.2017 (Annexure-D) disclosed that out of 7 acres 20 guntas only 15 guntas (belonging to Sri Chikkamahadevu) was acquired and compensated, and by Authority proceedings dated 16.12.2006 the remaining lands were decided to be left out of acquisition; a Co-ordinate Bench in WP.No.21239/2023 dated 31.08.2024 had already quashed the same notifications for the same survey number. MUDA did not dispute these facts or the legal position. Petition allowed; both notifications quashed to the extent of the petitioner's properties.

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NC: 2025:KHC:2811 WP No. 33937 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 33937 OF 2024 (LA-UDA)

BETWEEN:

SRI MAHADEVA

S/O LATE CHIKKAMAKKAIAH AGED ABOUT 51 YEARS NO.48, RAMAMANDIRA ROAD NADAHANAHALLI, ALANAHALLI POST MYSURU-570 028.

…PETITIONER

(BY SRI. K.R. LINGARAJU, ADVOCATE)

AND:

Digitally signed by SUMA B N Location: High Court of Karnataka

STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001.

MYSURU URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISIONER, J.L.B. ROAD, MYSURU - 570 005.

THE SPECIAL LAND ACQUISITON OFFICER, MYSURU URBAN DEVELOPMENT AUTHORITY, J.L.B., ROAD MYSURU - 570 005.

…RESPONDENTS

(BY SRI. HANUMANTHARAYA LAGALI, AGA FOR R-1; SRI T.P. VIVEKANANDA, ADVOCATE FOR R-2 AND R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PRELIMINARY NOTIFICATION BEARING NO. LAQ(2)

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NC: 2025:KHC:2811 WP No. 33937 of 2024

CR.95.96-97 DATED 18.12.1996 ISSUED BY THE R-2 AND 3 UNDER SECTION 17(1) OFF THE KUDA, ACT AND THE FINAL NOTIFICATION BEARING NO. NA AA EE 333 AA PRA VE 97 DATED 06.11.1997, ISSUED BY THE R-1 UNDER SECTION 19(1) OF THE KUDA, ACT, VIDE ANNEXURE-A AND B IN RESPECT OF THE PETITIONER LAND BEARING SY.NO.3/16 (NEW) (OLD SY.NO.3) MEASURING 17 GUNTAS SITUATED AT NADANAHALLI VILLAGE, KASABHA HOBLI, MYSURU TALUK AND DISTRICT, (SL.NO.1 IN THE PRELIMINARY NOTIFICATION AND FINAL NOTIFICATION) AND GRANT SAME RELIEF AS IT IS ALREADY PASSED IN SIMILAR WRIT PETITION NO. 21239/2023 (LA-UDA) DATED 31.08.2024 VIDE ANNEXURE-E AND ETC.

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

CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL

ORAL ORDER

Petitioner is before this Court claiming to be the owner of the land bearing Sy.No.3/16 (New) Sy.No.3(old) measuring 17 guntas situated at Naadanahalli Village, Kasaba Hobli, Mysuru Taluk and District which is sought to be claimed by the respondent-Mysuru Urban Development Authority ('MUDA' for short) by issuing preliminary notification bearing No. J¯ïJPÀÆå (1)¹.Dgï. 95,96-97 dated 18.12.1996 and a final notification bearing No.£ÀCE 333 C¥Áæ« 97 dated 06.11.1997 under the provisions of The Karnataka Urban Development Authorities Act, 1987.

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NC: 2025:KHC:2811 WP No. 33937 of 2024

Learned counsel for the petitioner submits that

though the notification is issued, neither an award is passed nor the possession is taken. He also refers to an endorsement dated 09.06.2017 produced at Annexure-D wherein the Special Land Acquisition Officer, MUDA, Mysuru has intimated that out of 7 acres 20 guntas of land, only to the extent of 15 guntas land belonging to one Sri. Chikkamahadevu, S/o. Yetthibuddaiah was acquired and the compensation in respect thereof was paid. Since the remaining lands consisted of houses and were situated near the gramatana area, in the proceedings of the Authority held on 16.12.2006 it was decided to leave the said lands out from the acquisition.

Learned counsel for the petitioner further referring to an order dated 31.08.2024 passed in WP.No.21239/2023 by the Co-ordinate Bench of this Court and submits that on similar set of facts and circumstances of the matter in respect of very same survey number and in respect of very same notifications, this Court has quashed the notifications. Hence, he submits that similar order may be passed in this matter as well.

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NC: 2025:KHC:2811 WP No. 33937 of 2024

Learned counsel for the respondent-MUDA does not

disputed the aforesaid facts and legal aspects of the matter.

In that view of the matter, the petition is allowed. The preliminary notification bearing No.J¯ïJPÀÆå (1)¹.Dgï. 95,9697 dated 18.12.1996 at Annexure-A and final notification bearing No.£ÀCE 333 C¥Áæ« 97 dated 06.11.1997 at Annexure-B,

to the extent of properties which belongs to the petitioner are quashed.

SD/(M.G.S. KAMAL) JUDGE

SSD List No.: 1 Sl No.: 14