COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY Vs. K SHIVANNA

JUDGEMENT

(1.) THIS appeal is filed by the first respondent in W. P. No. 16054/ 2004 being aggrieved by the order dated 11-1- 2005 passed by the learned single Judge insofar as giving a direction to the first respondent therein that having regard to the economic and social status of the petitioners, MUDA shall consider and allot suitable sites in favour of each one of the petitioners suitably keeping in view the judgment of the Supreme Court in Smt. Shiv Devi Virlley v. Governor of Delhi & others (AIR 1987 Delhi 46).

(2.) IT is unnecessary to refer to the entire facts of this case as this appeal is filed only against the direction issued by the learned single Judge. IT would suffice to say that the respondents herein filed W.P. No. 16054/2004 challenging the acquisition proceedings pertaining to the land belonging to the writ petitioners measuring 1 acre 3 guntas out of 2 acres 13 guntas of land in Sy. No. 106/3 situated at Basavanahally village, Kasaba Hobli, Mysore District, contending that the said scheme had lapsed under Section 27 of the Karnataka Urban Development Authority Act, 1987 since the scheme has not been implemented within five years from the date of final notification.

(3.) WE have heard the learned counsel appearing for the appellants and learned counsel appearing for the respondents.