RANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have challenged the validity of the Preliminary Notification dtd. 6/10/1997 issued by respondent No.2 at Annexure-A and in the alternative have sought for declaration that the acquisition proceedings pursuant to the Notification dtd. 6/10/1997 has lapsed.

(2.) It is noticed that the Preliminary Notification under Sec. 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as 'KUDA Act' for the sake of brevity) was passed on 6/10/1997 proposing to acquire certain lands at Keragalli Village, Jayapura Hobli, Mysuru Taluk and District for the purpose of formation of residential layout known as "Ravindranath Tagore Layout". It is admitted that pursuant to the Preliminary Notification, no further steps have been taken to complete the acquisition process in terms of the statutory scheme as more than 26 years have lapsed since the date of Preliminary Notification. Hence, the petitioners are entitled for relief of declaration as there is lapse of acquisition.

(3.) Perused the order passed in W.P.No.3876/2022, wherein this Court in an identical context dealing with the lands in the same Keragalli Village, Jayapura Hobli, Mysuru Taluk and District has quashed the Preliminary Notification. In light of the undisputed facts that no steps have been taken pursuant to the Preliminary Notification, petitioners are entitled for declaration that the acquisition has lapsed.