MYSORE URBAN DEVELOPMENT AUTHORITY Vs. CHIKKABORAIAH

JUDGEMENT

(1.) This appeal is filed by the second and third Respondents in W.P. No. 31712/2002 being aggrieved by the order passed by the learned Single Judge dated 23-7-2003 wherein the learned Single Judge of this Court has allowed the writ petition declaring that acquisition proceedings initiated pursuant to Annexure-C insofar as the land of the Petitioner is concerned, had lapsed.

(2.) The writ petition was filed by the first Respondent herein who died on 11-2-2008 during the pendency of this appeal and his L.Rs. have been brought on record, contending that the preliminary notification dated 25-6-1987 was issued proposing to acquire the land belonging to the Petitioner comprised in Sy. No. 109/1A measuring 6 acres 17 guntas of Bogadi Village, Kasaba Hobli, Mysore Taluk . Thereafter, final notification was issued on 25-6-1988 and award has also been passed on 11-1-1989. However, possession of the land of the Petitioner has not been taken and therefore, the scheme has not been implemented insofar as the Petitioner is concerned and therefore, it has lapsed under the provisions of Section 27 of the Karnataka Urban Development Authority Act, 1987 (hereinafter referred to as the 'Act').

(3.) The petition was resisted by the Respondents contending that there is substantial compliance of the scheme for formation of residential sites and allotment of sites and merely because possession of the property of the writ Petitioner has not been taken, the acquisition would not lapse insofar as it relates to the land of the writ Petitioner and therefore the writ petition has to be dismissed.