MOHINI S HEGDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these petitions for a writ of certiorari, the petitioners assail the validity of a notification issued by the Mangalore Urban Development authority under Section 19 (1) of the Karnataka Urban Development authorities Act, 1987, insofar as the same pertains to the land owned by the petitioners. The challenge arises in the following circumstances.

(2.) THE petitioners claim to be the owners of different parcels of land in different survey numbers of Village Padavu in Mangalore Taluk of dakshina Kannada District. In terms of a notification issued under Seclion 17 (1) of the Act mentioned above, an area measuring 15 acres and 57 cents in all comprising different survey numbers including those owned by the petitioners was notified for acquisition by the Mangalore urban Development Authority. This was followed by a notification under Section 19 (1) of the said Act, the validity whereof was challenged by the petitioners in Writ Petition Nos. 26185 to 26192 of 2001 filed earlier. The challenge rested primarily on the plea that the petitioners did not have a reasonable opportunity of filing objections to the preliminary notification thus rendering the final notification bad in law on the principles of natural justice. That plea eventually prevailed before a Single bench of this Court who by Order dated 23-8-2001 permitted the petitiners to file their objections before the Authority within two weeks from the date of the said Order. The Court further directed that if the objections are filed, the Authority shall consider the same and pass appropriate Orders within four weeks thereafter. During the intervening period, the Authority was restrained from taking any further action pursuant to the impugned notification under Section 19 (1) of the Act. It has also observed that in case the Authority found favour with the abjections raised by the petitioners, the final notification issued by it ahall be modified appropriately.

(3.) THE petitioners appear to have filed their objections pursuant to the above directions which were considered and rejected in terms of Orders passed under the signature of the Commissioner of the Mangalore Urban Development Authority, Mangalore. Aggrieved, the petitioners have filed the present batch of petitions once again challenging the validity of the final notification and seeking a mandamus directing the Authority to consider the objections filed by them before taking any further action in the matter.