Karnataka High Court
Jayalakshmamma vs Mysore 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.14681 OF 2019(LA-UDA)
BETWEEN
1. JAYALAKSHMAMMA
W/O LATE DODDA HONNAIAH
AGED ABOUT 64 YEARS,
2. RAMESH H D
S/O LATE DODDA HONNAIAH
AGED ABOUT 44 YEARS,
3. MOHAN KUMAR H D
S/O LATE DODDA HONNAIAH
AGED ABOUT 41 YEARS,
4. M PRANESHA
S/O LATE DODDA HONNAIAH
(ADOPTED S/O M MALLEGOWDA)
AGED ABOUT 40 EYARS,
# 494, KANAKA KRUPA
HOSA BEEDI HINKAL
MYSORE-570017
5. JAGADISH H D
S/O LATE DODDA HONNAIAH
AGED ABOUT 39 YEARS,
PETITIONER NO.1 TO 3 & 5 ARE
R/AT # 494, NEW STREET,
HINKAL, MYSORE-570017
...PETITIONERS
(BY SRI K R LINGARAJU, ADVOCATE)
2
AND
1. MYSORE URBAN DEVELOPMENT AUTHORITY
REPRESENTED BY ITS COMMISSIONER
J.L.B. ROAD,
MYSORE-570 005
2. THE SPECIAL LAND ACQUISITION OFFICER
MYSORE URBAN DEVELOPMENT AUTHORITY
J.L.B. ROAD,
MYSORE -570 055
...RESPONDENTS
(BY SRI G B SHARATH GOWDA, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENTS BEARING NO.L.A.C. [2]30/94-95
DTD:26.9.2018 VIDE ANNEXURE-A AND ENDORSEMENT
BEARING NO.L.A.C.30/94-95 DTD:28.4.2010 VIDE
ANNEXURE-B ISSUED BY THE R-2 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
The prayer of the petitioners is to direct the respondents-Mysore Urban Development Authority (hereinafter referred to as 'MUDA' for short) to allot site under the incentive scheme of the respondent-
authority.
2. The learned Counsel for the petitioners submits that the matter stands covered by a 3 judgment of this Court which was passed on 02.08.2014 in a batch of writ petitions bearing W.P.No.49502/2013 and connected matters. This Court, having considered the rival contentions, passed certain directions directing the respondent- MUDA to allot a site under the incentive scheme from out of the 905 sites in "Vijayanagar IV Stage II Phase Layout". The learned Counsel for the petitioners further draws the attention of this Court to a recent order passed by a co-ordinate Bench in W.P.No.17401/2015 which was disposed of on 07.12.2018. In the said decision, the relevant portions of the order was extracted. The same are extracted hereinbelow for ready reference:
"13. Hence, in such circumstance, apart from directing the respondents to consider the case of the petitioners for allotment of sites as per their entitlement, the respondents are also directed to allot such sites to the petitioners herein from among 905 sites which is brought to the notice of this Court as available in "Vijayanagar IV Stage II Phase" and categorized as 'stray sites'. Insofar as the value that is payable for the site by the petitioners, 4 this Court has already indicated in the order dated 26.04.2013 in W.P.No.14342/2010 that the prevailing allotment value is payable as contained in paragraph 11 of the said order which would be applicable to the case of the petitioners herein as well.
14. In that view, the respective impugned endorsement in these petitions stand quashed. The respondent-MUDA is directed to allot sites to the petitioners in accordance with the 'incentive scheme' in the manner as indicated above.
15. To enable such consideration, the petitioners shall now make a representation along with a copy of this order and the supporting documents to the Commissioner-MUDA within four weeks from the date of receipt of a copy of this order. The Commissioner- MUDA shall pass appropriate orders in accordance with law and in accordance with the observations made herein and intimate the same to the petitioners as expeditiously as possible but not later than a period of three months thereafter.
16. Needless to mention that the further process with regard to allotment of sites shall also be completed thereafter. It is made clear that the representation to be made, shall be by the notified Khatedars or represented jointly by the legal representatives as one unit in the event of death of the notified Khatedar. All orders to be passed by the Commissioner-MUDA would be in favour of the notified Khatedars or the 5 legal representatives as a single unit and any internal family arrangement can only be amongst the family members themselves in such entitlement of one unit as a whole. The Commissioner-MUDA shall not be obliged to consider the representation, if separate claims are made.
3. In that view of the matter, the petition is partly allowed. The petitioners are permitted to make a fresh representation to the respondents-
MUDA along with all supportive documents which shall be considered by MUDA within a period of two months thereafter, keeping in view the observations made by a co-ordinate Bench that has been extracted hereinabove.
4. Since the learned Counsel for the respondent-MUDA submitted that there may not be any site left to be allotted in "Vijayanagar IV Stage II Phase", the respondent-MUDA may allot the sites as per the incentive scheme/Rules, to the petitioners in any of the other layouts which were formed subsequent to "Vijayanagar IV Stage II Phase", if sites 6 are not available in "Vijayanagar IV Stage II Phase".
The respondents-MUDA shall complete the entire exercise as expeditiously as possible and at any rate within a period of two months from the date when the petitioners submit their representation.
SD/-
JUDGE JT/-