DEVAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are the owners of land in Sy.No.111 measuring 14 guntas, situated at Lalithadripura Village, Varuna Hobli, Mysuru Taluk and District. It is submitted that land of the petitioner came to be notified for the purpose of formation of residential Layout known as "Lalithadri Nagar" in terms of preliminary notification dtd. 15/7/1997 under Sec. 17 (1) of the Karnataka Urban Development Authorities Act, 1987. It is made out from the records at Annexure-A which is a preliminary notification that petitioners' land is notified at Sl.No.281.

(2.) It is further noticed that in the Final Notification passed under Sec. 19 (1) dtd. 18/1/2002 with respect to the same project of Lalithadrinagar, the name and extent of the petitioners' land in Sy.No.111 does not find mention though petitioners have sought of declaration of lapse of the proceedings, in light of land not having been notified in the final notification passed in the year 2002, it could be construed that the respondent authorities does not intend to notify the acquisition of the petitioners land for the purpose of the project.

(3.) Accordingly, the petition is to be allowed by declaring that land of the petitioners stand excluded from the acquisition proceedings as there is no mention of survey number in the final notification passed under Sec. 19 in the year 2002 and no steps subsequently have been taken to acquire the land of the petitioners, in accordance with the statutory scheme.