Karnataka High Court
Mari Aliyas Maraiya vs Mysuru Urban Development Authority on 24 February, 2020
Author: R Devdas
Bench: R. Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION No.4159/2020 (LA-UDA)
BETWEEN:
Mari Aliyas Maraiya,
Aged about 77 years,
S/o Late Patel Halli
Gowda Alias Aralaiah,
No.545, 'B' Block,
Jalapuri Pollice Quarters,
Udayagiri Mysuru,
Karnataka - 570 019.
... Petitioner
(By Sri. Rohith Swamy, Advocate)
AND:
1. Mysuru Urban Development Authority
Rep. by its Commissioner,
Jhansi Lakshmibhai Road,
Mysuru - 570 005.
2. The Special Land Acquisition Officer,
Mysuru Urban Development Authority,
Jhansi Lakshmibhai Road,
Mysuru - 570 005.
3. The State of Karnataka,
Department of Urban Development,
Rep. by its Secretary,
Vikasa Soudha,
Bengaluru - 560 001.
... Respondents
(By Sri. H.C. Shivaramu, Advocate for R1 & R2;
Smt. Kavitha H.C, HCGP for R3)
-2-
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to quash the
impugned order dated 12.12.2006 of the preliminary
notification issued by the R1-2 marked as Annx-A.
This Writ Petition is coming on for Preliminary
Hearing this day, the Court made the following:
ORDER
R. DEVDAS J., (ORAL):
Learned counsel, Sri. H.C. Shivaramu is directed to take notice for respondent Nos.1 and 2. Learned Additional Government Advocate is directed to take notice for respondent No.3
2. Learned counsel appearing for the petitioner submits that the preliminary notification dated 12.12.2006 was issued by respondent Nos.1 and 2 with respect to land bearing survey No.25 measuring 0-4 guntas situated at Uttanalligrama, Varunahobli, Mysuru Taluk for formation of layout called "Shanthaveri Gopal Gowda" 2nd stage in Mysuru.
3. The petitioner, in this petition has sought for a declaration that the land acquisition -3- proceedings initiated by issuance of preliminary notification dated 12.12.2006 bearing No.LAQ(6)434/05-06 has lapsed by virtue of coming into force, the new act i.e., Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
4. Learned counsel for the petitioner submits that the very same notification which was challenged by some of other landlords has been upheld and the preliminary notification dated 12.12.2006 has already been quashed by a Co-ordinate Bench in W.P. Nos.47459-461/2018, in the case of Fr. Eldho John and others vs. The Mysuru Urban Development Authority and Others, which was decided on 26.06.2019.
5. It is seen from the order in W.P. Nos.47459-461/2018 that by issuing the impugned notification, the respondents sought to acquire lands for the formation of "Shanthaveri Gopal Gowda" 2nd -4- stage in Mysuru. However, it is noticed that though the preliminary notification was issued on 12.12.2006, no declaration or final notification under Section 19 of the Karnataka Urban Development Authority Act 1987 has been issued. In the circumstances, the Co-ordinate Bench, noticing that similar relief was granted in other batch of writ petitions in W.P Nos.7373-77/2015, W.P Nos.8013- 16/2015, W.P No.26550/2014, W.P No.32192/2014, W.P No.62142/2016 and W.P No.47710/2017, quashed the preliminary notification in so far as the lands belonging to the petitioner therein.
6. In the facts and circumstances stated above, the issue stands covered by the decision of the Co-ordinate Benches in W.P Nos.7373-77/2015, W.P Nos.8013-16/2015, W.P No.26550/2014, W.P No.32192/2014, W.P No.62142/2016 and W.P No.47710/2017 and W.P. Nos.47459-461/2018. Therefore, the preliminary notification dated -5- 12.12.2006 stands quashed in so far as the lands belonging to the petitioner herein.
Writ Petition is accordingly allowed.
Sd/-
JUDGE LL