Chaluvegowda vs Mysuru Urban Development Authority on 24 October, 2016

[Cites 2, Cited by 1]

Karnataka High Court

Chaluvegowda vs Mysuru Urban Development Authority on 24 October, 2016

Bench: S.Abdul Nazeer

                              1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 24th DAY OF OCTOBER, 2016

                          BEFORE

       THE HON'BLE MR.JUSTICE S.ABDUL NAZEER

       WRIT PETITION No.48714 OF 2015 (LA-UDA)

BETWEEN:

CHALUVEGOWDA
AGED ABOUT 52 YEARS
S/O LATE CHALUVEGOWDA,
R/AT HOSAHUNDI VILLAGE,
KASABA HOBLI,
MYSORE TALUK AND
DISTRICT - 570 011.                          ... PETITIONER

       (BY SRI P. NATARAJU, ADV.)


AND:

1.     MYSURU URBAN DEVELOPMENT AUTHORITY,
       MYSURU - 570 001
       REPRESENTED BY ITS COMMISSIONER.

2.     STATE OF KARNATAKA
       DEPARTMENT OF URBAN AND HOUSING
       VIKASA SOUDHA,
       BENGALURU - 560 001
       REPRESENTED BY
       IT'S SECRETARY.               ... RESPONDENTS

       (BY SRI H.C.SHIVARAMU, ADV. FOR R1
           SRI T.S.MAHANTHESH, AGA FOR R2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
PRELIMINARY NOTIFICATION DATED12.12.2006 [ANNEX-A]
                               2



PASSED BY THE R-1 AS FAR AS THE LAND BELONGING TO THE
PETITIONER.

      THIS WRIT PETITION COMING ON FOR              ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:



                         ORDER

In this case, the petitioner has called in question the legality and correctness of the preliminary notification No.LAQ(6).CR.434/2005-06 dated 12.12.2006, whereby the Mysuru Urban Development Authority (for short 'the MUDA') has proposed to acquire the lands of the petitioner for the formation of a layout.

2. I have heard the learned counsel for the parties.

3. Admittedly, the final notification has not been issued for acquisition of the lands in question in furtherance of the preliminary notification. In an identical case, this Court in C.G Gangadhar /vs./ Mysore Urban Development Authority, Mysore and another - 2013(4) Kar.L.J. 559, has quashed the 3 impugned preliminary notification therein. Following the said decision, this Court in W.P.Nos.10917- 10923/2014 and connected matters (between Sri C.M.Swamy /vs./ Mysore Urban Development Authority, Mysore and another) has quashed the impugned preliminary notification therein.

4. For the reasons set out in the aforesaid orders, the preliminary notification impugned herein in so far as the petitioner's land is concerned is also quashed. Writ petition is accordingly allowed. No costs.

Sd/-

JUDGE KLY/

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Karnataka High Court