A writ petition sought quashing of a 1997 preliminary notification for acquisition of the petitioner's land, or declaration that the proceedings had lapsed. As no steps were taken to complete acquisition for decades, the court allowed the petition and declared the acquisition abandoned and lapsed.
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NC: 2026:KHC:5670 WP No. 34253 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 34253 OF 2025 (LA-UDA)
BETWEEN:
SRI CHANNEGOWDA S/O. LATE CHANNEGOWDA AGED ABOUT 50 YEARS R/AT NO.143, KERAGALLI VILLAGE JAYAPURA HOBLI, MYSORE TALUK MYSORE - 570 026.
…PETITIONER
(BY SMT. KUSUMA M., ADVOCATE)
AND:
Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
BY ITS COMMISSIONER.
…RESPONDENTS
(BY SRI. HARISHA A. S., AGA FOR R1; SRI. SACHIN V. R., ADVOCATE FOR R2 & R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
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CERTIORARI OR ANY OTHER SIMILAR WRIT OR ORDER OR DIRECTION, QUASHING PRELIMINARY NOTIFICATION DATED 06.10.1997, BEARING NO.LAQ(1)CR/81/97-98 ISSUED BY THE 3RD RESPONDENT AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
Petitioner has sought for setting aside of the preliminary notification dated 06.10.1997 at Annexure-A and in alternative, has sought for declaring that the land acquisition proceedings initiated pursuant to the preliminary notification dated 06.10.1997 has lapsed.
Village, Jayapura Hobli, Mysore Taluk and District. It is submitted that the said land falls within the ambit of preliminary notification dated 06.10.1997. It is further submitted that despite such preliminary notification issued on 06.10.1997, till date no action has been taken by the
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respondent - Authorities to effectuate acquisition
proceedings and take it to a logical end.
"ORDER
The petitioners have challenged the validity of the Preliminary Notification dated 06.10.1997 issued by respondent No.2 annexed at Annexure-A and in the alternative has sought for declaration that the acquisition proceedings pursuant to the Notification dated 06.10.1997 has lapsed.
2. It is noticed that the Preliminary Notification under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as 'KUDA Act' for the sake of brevity) was passed on 06.10.1997 proposing to acquire certain land at Keragalli Village, Jayapura Hobli, Mysuru Taluk
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and District for the purpose of formation of residential layout known as "Ravindranath Tagore Layout". It is admitted that pursuant to the Preliminary Notification, no further steps have been taken to complete the acquisition process in terms of the statutory scheme as more than 26 years have lapsed since the date of Preliminary Notification. Hence, the petitioners are entitled for relief of declaration as there is lapse of acquisition.
3. Perused the order passed in W.P.No.3876/2022, wherein this Court in an identical context dealing with land in the same Keragalli Village, Jayapura Hobli, Mysuru Taluk and District has quashed the Preliminary Notification. In the light of the undisputed facts that no steps have been taken pursuant to the Preliminary Notification, petitioners are entitled for declaration that the acquisition has lapsed. Accordingly, petition is allowed and consequently, Preliminary Notification bearing No.LAQ (1) CR 81/9798 dated 06.10.1997 is quashed insofar as petitioners' land is concerned."
in the present matter also, as well as the undisputed fact that the respondent - Authorities have not proceeded to take any steps to effectuate acquisition proceedings, it would be appropriate to declare that the acquisition
NC: 2026:KHC:5670 WP No. 34253 of 2025
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proceedings has been abandoned and lapsed insofar as the petitioner's property is concerned as regards pursuant to preliminary notification dated 06.10.1997.
Sd/(S SUNIL DUTT YADAV) JUDGE
VP
1 issue framed by the court
Whether land acquisition proceedings initiated by preliminary notification dated 06.10.1997 should be declared lapsed given no steps were taken for over 26 years.
Colour shows how this judgement treated each authority
W.P.No.10121/2023 dated 30.05.2023Relied on¶4
Channegowda S/o Late Channegowda
State of Karnataka
Mysore Urban Development Authority
Special Land Acquisition Officer, Mysore Urban Development Authority
S Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
