C.G.GANGADHAR Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the preliminary notification dated 12-12-2006, Annexure-A issued by the first respondent insofar as it relates to the land belonging to the petitioner measuring 1 acre 39 guntas in Sy. No. 81 situated at Sarakari Utthanahalli Village, Varuna Hobli, Mysore Taluk. Respondents issued a preliminary notification on 12-12-2006 as per Annexure-A proposing to acquire 760.02 acres for formation of layout called "Shantaveri Gopalagowdanagar, II Stage Extension, Mysore. This preliminary notification was issued under Section 17 of the Karnataka Urban Development Authorities Act, 1987. In this preliminary notification respondents have also proposed to acquire the land belonging to the petitioner. Even after lapse of four years the respondents have not issued the final notification. Therefore, the petitioner is before this Court to quash the acquisition proceedings insofar as it relates to the land belonging to the petitioner.

(2.) Heard arguments on both the side and perused the entire writ papers.

(3.) A Division Bench of this Court in Shimoga Urban Development Authority and Another v. State of Karnataka and Others,2001 9 KarLJ 585 considered the question of delay in issuing the final notification. For the purpose of this case the relevant paras 17 and 18 are as under: