- 1 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100804 OF 2026 (LA-UDA) C/W WRIT PETITION NO.100740 OF 2026 (LA-UDA) IN WP No.100804/2026: BETWEEN: 1. SRI. ULHAS S/O. RAJANIKANTH DODDAMANI AGED ABOUT 36 YEARS, OCC: AGRICULTURE, R/O. NO. 148, LAXMI LAYOUT, BASAVESHWAR NAGAR, GOKUL ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580030. 2. SMT. ASHA W/O. ANIL JANADRI AGED ABOUT 51 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. PL NO.27, 90D ANJANDRI, OPP. MUNYAKOPPA HOUSE, ASHOK NAGAR, VIJAYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST DHARWAD-580028. …PETITIONERS (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, VIDHANA VEEDHI, BENGALURU-01. 2. THE HUBBALLI DHARWAD URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS COMMISSIONER, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580025. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1; SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 23-07-2010 BEARING NO. HUDA.NA.PRA.BHUSWA-2/CR-4/2009- 10/1568 ISSUED UNDER SECTIONS 17(1) AND 17(3) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987 PRODUCED AS ANNEXURE-G, INSOFAR AS IT RELATES TO THE PETITIONER’S LANDS BEARING SY.NO.83/3 MEASURING 11 GUNTAS AND LAND BEARING SY. NO.83/6 MEASURING 1 ACRES 29 GUNTAS (OLD SY.NO.83/1+2/1), SITUATED AT GABBUR VILLAGE, HUBBALLI TALUK, DHARWAD DISTRICT; AND ETC. IN WP NO. 100740/2026: BETWEEN: 1. PRASANNA KUMAR S/O. BALAKRISHNA MIRAJAKAR, AGED ABOUT 45 YEARS, OCC: AGRICULTURE, R/O. DESAI ONI, BHUSPETH, M.V GALLI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580028. 2. YUNUSALESALAM S/O. DADAPEET MUNDASAD, AGED ABOUT 56 YEARS, OCC: AGRICULTURE, R/O. NO. 138, BAFNA LAYOUT, GUDIHAL ROAD, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580030. 3. SMT. SARASWATI W/O. RAJANIKANT DODDMANI, AGED ABOUT 55 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. HOUSE NO.148, BASAVESHWAR NAGAR, LAKSHMI LAYOUT, GOKUL ROAD, HUBBALLI, TQ: HUBBALLI, - 3 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 DIST: DHARWAD-580030. 4. SMT. RASHMI RONAD AGED ABOUT 47 YEARS, OCC: AGRICULTURE AND HOUSEHOLD WORK, R/O. NO. 18, KUBAKONAM PLOT NEAR GUJARAT BHAVAN, DESHPANDE NAGAR, VTC TRAFFIC ISLAND, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580029. ...PETITIONERS (BY SRI. ARAVIND D.KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO URBAN DEVELOPMENT DEPARTMENT, VIDHANAVEEDHI, BENGALURU-1. 2. THE HUBBALLI DHARWAD URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS COMMMISSIONER, NAVANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580025. ...RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1; SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE PRELIMINARY NOTIFICATION DATED 23-07-2010 BEARING NO. HUDA.NA.PRA.BHUSWA-2/CR- 4/2009-10/1568 ISSUED UNDER SECTIONS 17(1) AND 17(3) OF THE KARNATAKA URBAN DEVELOPMENT AUTHORITIES ACT, 1987 PRODUCED AS ANNEXURE-J, INSOFAR AS IT RELATES TO THE PETITIONER’S LANDS BEARING SY. NO.82/4 MEASURING 20 GUNTAS AND LAND BEARING SY.NO.82/5 MEASURING 2 ACRES (OLD SY. NO. 82/2), SITUATED AT GABBUR VILLAGE, HUBBALLI TALUK, DHARWAD DISTRICT; AND ETC. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA COMMON ORAL ORDER The petitioners in both the writ petitions have approached this Court seeking for the following prayers. In W.P.No.100804/2026 “a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Preliminary Notification dated 23-07-2010 bearing No. Huda. Na. Pra: Bhuswa-2/CR- 4/2009-10/1568 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 produced as Annexure-G, insofar as it relates to the petitioner's lands bearing Sy.No.83/3 measuring 11 Guntas and land bearing Sy.No.83/6 measuring 1 Acres 29 Guntas (Old Sy.NO.83/1+2/1), situated at Gabbur Village, Hubballi Taluk, Dharwad District b. Declare that the entire acquisition proceedings initiated pursuant to the Preliminary Notification dated 23-07-2010 have lapsed, on account of inordinate delay, abandonment, non-issuance of final notification, non-passing of award, non-payment of compensation, non- taking of possession, absence of subsisting public purpose and by operation of law, - 5 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 including under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013insofar as it relates to the petitioner's lands bearing Sy.No.83/3 measuring 11 Guntas and land bearing Sy. No. 83/6 measuring 1 Acres 29 Guntas (Old Sy.No.83/1+2/1), situated at Gabbur Village, Hubballi Taluk, Dharwad District. c. Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.” In W.P.No.100740/2026 “a. Issue a writ of Certiorari or any other appropriate writ, order or direction, quashing the Preliminary Notification dated 23-07-2010 bearing No. Huda. Na. Pra: Bhuswa-2/CR- 4/2009-10/1568 issued under Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 produced as Annexure-J, insofar as it relates to the petitioner's lands bearing Sy.NO.82/4 measuring 20 Guntas and land bearing Sy.No.82/5 measuring 2 Acres (Old Sy.NO.82/2), situated at Gabbur Village, Hubballi Taluk, Dharwad District - 6 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 b. Declare that the entire acquisition proceedings initiated pursuant to the Preliminary Notification dated 23-07-2010 have lapsed, on account of inordinate delay, abandonment, non-issuance of final notification, non-passing of award, non-payment of compensation, non- taking of possession, absence of subsisting public purpose and by operation of law, including under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as it relates to the petitioner's lands bearing Sy.NO.82/2 measuring 20 Guntas and land bearing Sy.No.82/5 measuring 2 Acres (Old Sy.NO.82/2), situated at Gabbur Village, Hubballi Taluk, Dharwad District. c. Grant such other reliefs as this Hon'ble court deems fit under the circumstances of the present case including an order for costs may kindly be passed in the interest of justice and equity.” 2. Both the writ petitions are taken up together as they involve similar questions of law and facts and disposed of by a common order. 3. The petitioners have called in question the preliminary notification dated 23.07.2010 issued under - 7 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 Sections 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 (“the Act” for short) (Annexure-G) in respect of the petitioners in W.P.No.100804/2026 land bearing Sy.No.83/3 measuring 11 guntas and land bearing Sy.No.83/6 measuring 1 acre 29 guntas, (Old Sy.No.83/1+2/1) and in respect of petitioners in W.P.No.100740/2026 land bearing Sy.No.82/4 measuring 20 guntas and Sy.No.82/5 measuring 2 acres all situated at Gabbur Village, Hubballi taluk, Dharwad District along with other survey numbers. 4. Respondent No.2 thereafter by a resolution dated 06.08.2016 (Annexure-H in W.P.No.100804/2026), resolved to drop the entire scheme pertaining to the Gabbur village and recommended respondent No.1-State to drop the acquisition proceedings. However, no further action was taken by the State Government pursuant to the said resolution. No final declaration under Section 19 (1) of the Act was issued. Aggrieved by the inaction and - 8 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 continuation of the preliminary notification, the petitioners have approached this Court in these writ petitions. 5. Learned counsel for the petitioners submits that the Scheme was never implemented, no final notification under Section 19 (1) of the Act has been issued. Neither award has been passed nor possession taken and the respondent No.2 itself resolved to drop the Scheme on 06.08.2016. It is submitted that under similar circumstances, this Court in the case of Kamal Trading Corporation Vs. The State of Karnataka and another1 (“Kamal Trading Corporation”) has quashed the notification, holding that the Scheme had lapsed under Section 27 of the Act. It is contended that in view of the statutory mandate under Section 27 and the admitted resolution to drop the scheme, the acquisition proceedings have lapsed. 1 W.P.No.106010/2023 dated 12.10.2023 - 9 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 6. Learned counsel for respondent No.2 does not dispute: i. the passing of resolution dated 06.08.2018; ii. Recommendation made to the State Government to drop the scheme. 7. It is also not disputed that no final declaration under Section 19 (1) of the Act has been issued. 8. The question that falls for consideration is: “Whether the acquisition proceedings initiated under the preliminary notification dated 23.07.2010 have lapsed in view of Section 27 of the Act?” 9. Section 27 of the Act mandates that the Authority shall execute the scheme within 5 years from the date of publication of the final declaration under Section 19(1) of the Act. Failure to adhere to the statutory time line, results in lapse of the scheme. 10. In the present case: - 10 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 i. The preliminary notification was issued on 23.07.2010; ii. No final declaration under Section 19 (1) has been issued. iii. Respondent No.2 in its meeting dated 06.08.2016 resolved to drop the Scheme and recommended the same to the State Government. iv. The competent authority itself found the lands not feasible for implementation of the Scheme. 11. This Court in the case of Kamal Trading Corporation has held at paragraph No.3 as under: 3. It is borne out from the records that respondent No.2 issued preliminary notification on 23.07.2010. However, respondent No.2 has recommended to drop the scheme. If preliminary notification was issued in 2010 and respondent No.2 being a competent development authority has recommended to drop the scheme, the scheme prepared by respondent No.2 even otherwise would lapse. Section 27 of the Act clearly contemplates that the Authority has to execute the scheme within five years from the date of publication of - 11 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 final declaration issued under sub-section 1 to Section 19 of the Act. In the present case on hand, respondent No.2 has found that the petition lands are not feasible for development scheme and therefore, recommendation is sent. The captioned petition needs to be allowed on two counts. Firstly, respondent No.2 being competent development authority has resolved to drop the proceedings on the ground that the petition lands are not feasible to implement the scheme. Secondly, the preliminary notification is also liable to be quashed as respondents 1 and 2 have not resolved to issue final declaration under Section 19(1) of the Act. Since there is failure to adhere to time schedule prescribed under Section 27 of the Act, the scheme has automatically lapsed and therefore, the sanction granted by respondent No.1 to implement the scheme prepared by respondent No.2 also does not survive for consideration. For the reasons stated supra, I pass the following: ORDER i) The writ petition is allowed. ii) The impugned endorsements vide Annexure-E dated 19.12.2009 issued by respondent No.1 and Annexure-F dated 23.07.2010 issued by respondent No.2, insofar as petition lands are - 12 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 concerned, are hereby quashed by holding that the acquisition has lapsed under Section 27 of the Karnataka Urban Development Authorities Act. iii) In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.” 12. Thus, from the facts narrated above, where the Development Authority resolves to drop the Scheme, and fails to proceed further within the statutory time line, the Scheme automatically lapses under Section 27 of the Act and both the ingredients are satisfied in the present writ petitions and the scheme cannot be permitted to subsists indefinitely. Accordingly, the point framed for consideration is answered and this Court pass the following: ORDER i. Both the writ petitions are allowed. ii. The preliminary notifications dated 23.07.2010 (Annexure-G in - 13 - HC-KAR NC: 2026:KHC-D:1891 WP No. 100804 of 2026 C/W WP No. 100740 of 2026 W.P.No.100804/2026 and Annexure-J in W.P.No.100740/2026) are hereby quashed insofar as it relates to the petitioners’ lands in both the writ petitions. iii. It is held that the acquisition proceedings have lapsed under Section 27 of the Karnataka Urban Development Authorities Act, 1987. Pending applications, if any, stand disposed of. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 102