Sri D Prakash v. State of Karnataka
Case brief
What is this about?
Keywords: Karnataka Urban Development Authorities Act 1987 — Section 17(1) preliminary notification; Section 19 final notification never issued; lapse of land acquisition proceedings; failure to take possession; quashing of stale preliminary notification; MUDA / Mysore Urban Development Authority; Special Land Acquisition Officer; Lalithaadrinagara residential layout; Lalithaadripura Village, Varuna Hobli, Mysore Taluk; Sy.No.104/7 (0.03 guntas); 283.28 acres; Yethappa Vs. State of Karnataka (W.P.No.56078/2016, dd. 03.11.2016) — applied; C.G Gangadhar (2013(4) Kar.L.J. 559) — referred; C.M.Swamy (W.P.Nos.10917-10923/2014) — referred. Relevance: authority for quashing decades-old preliminary notifications under the KUD Act where no final notification under Section 19 was issued and possession was not taken.
What did the court decide?
Writ petition allowed; preliminary notification dated 13.12.2006 (No.LAQ(4)CR31/2005-06) at Annexure-A issued under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 quashed insofar as the petitioner's land (Sy.No.104/7, Lalithaadripura Village) is concerned.