Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8619 WP No. 2891 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 2891 OF 2021 (LA-UDA) BETWEEN:
SRI DASANNA S/O LATE MELABHOVI AGED ABOUT 77 YEARS R/AT 92, MYSORE TALUK LINGAMBUDDI PALYA SRIRAMPURA, MYSORE 560 008 KARNATAKA.
…PETITIONER (BY SMT. KUSUMA M., ADVOCATE-VC)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOUSE AND URBAN M.S. BUILDING BANGALORE - 560 001.
2.
MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI RAOD MYSORE- 570 005 BY ITS COMMISSIONER.
3.
SPECIAL LAND ACQUISITION OFFICER MYSORE URBAN DEVELOPMENT AUTHORITY JHANSI LAKSHMI BAI RAOD, MYSORE - 570 005 …RESPONDENTS (BY SMT. B. SUKANYA BALIGA, AGA FOR R1;
SRI. G.B. SHARATH GOWDA., ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH PRELIMINARY NOTIFICATION DATED 03.07.2009, ISSUED BY THE R-2 AUTHORITY AT ANNEXURE-A TO THE WRIT PETITION IN SO FAR AS SCHEDULE PROPERTY BELONGING TO THE PETITIONER IS CONCERNED.
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
- 2 -
NC: 2025:KHC:8619 WP No. 2891 of 2021
(OR IN THE ALTERNATIVE) DECLARE THAT THE LAND ACQUISITION PROCEEDINGS INITIATED BY ISSUANCE OF PRELIMINARY NOTIFICATION DATED 03.07.2009, BY THE R-2 AT ANNEXURE-A TO THE WRIT PETITION HAS LAPSED BY VIRTUE OF COMING IN TO FORCE OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 IN SO FAR AS SCHEDULE LAND BELONGING TO THE PETITIONER IS CONCERNED.
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 claiming to be the owner of the land in Sy.No.341 measuring 1 acre 0.10 guntas situated at Keragahalli Village, Jayapura Hobli, Mysuru Taluk and District which was sought to be acquired by the respondent-MUDA in terms of Preliminary Notification dated 03.07.2009 for the purpose of formation of residential layout known as Ravindranath Tagore Layout is before this Court seeking quash of the said notification on the premise that even after lapse of 25 years of issuing of the said preliminary notification respondent-MUDA has not passed any award, nor has it taken possession and has not even issued the final notification. Hence, seeks for quashing of the said preliminary notification.
- 3 -
NC: 2025:KHC:8619 WP No. 2891 of 2021
2. This Court by order dated 24.02.2025 passed in W.P.No.19164/2016 and connected matters has quashed the aforesaid preliminary notification. Accordingly, present petition is allowed in terms of the aforesaid order passed in W.P.No.19164/2016 and connected matters.
Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 23