VEER KUMAR JAIN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ petitioner claims to be a person who had acquired right, title and interest including possession in respect of different parcels of lands located in different survey numbers, in all measuring about 17 acres 21 guntas in terms of different sale deeds all dated 28.9.2001 [copy at Annexure-F series to the writ petition]. These lands were subject matter of acquisition proceedings at the instance of the Mysore Urban Development Authority [for short 'the MUDA'] by issue of a notification under section 17[1] of the Karnataka Urban Development Authorities Act, 1987 [for short 'the Act'] way back in the year 1990 i.e., by the notification dated 15.3.1990.

(2.) The initiation of the proceedings by the MUDA had resulted in issue of a notification dated 25.4.1991 issued under section 19[1] of the Act by the State Government declaring that the subject lands were required for public purpose. The proceedings so began in the year 1990 became subject matter of writ petition in WP No. 10621-629/1998 by many persons amongst whom figured the vendors of the petitioner and this court quashed the notification issued under section 19[1] and 19[2] of the Act alone only for the reason that the authority whether intentionally or otherwise failed to place relevant records before the court to satisfy the court that the land owners had been given an opportunity for hearing their objections, subsequent to the notification under section 17[1] of the Act and directed that the authority may treat the final notification issued under section 19[1] and 19[2] of the Act as notice for the purpose of sub-section [5] of section 17 of the Act. In this background, the matter went back before the acquiring authority and resulted in issue of another notification dated 4.10.1999 by the State Government under sections 19[1] and 19[2] of the Act.

(3.) It appears some persons who were affected by the acquisition proceedings and who were not happy with the same had moved the Government for excluding their lands from the purview of acquisition and met with success as the State Government came up with a notification dated 15.9.2001 [copy at Annexure-E] purporting to have been issued under section 19[1] of the Act read with section 48[1] of the Land Acquisition Act, 1894, denotifying certain extents of lands from the purview of the notification in respect of which the State Government had already caused notification declaring that such lands were required for public purpose.