SUNANDAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the validity of the Preliminary Notification dtd. 28/12/2006 issued by respondent No.2 under Sec. 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as 'KUDA Act' for the sake of brevity) proposing to acquire the petitioner's land bearing Sy.No.153/7 [old No.153/2] measuring an extent of 10 guntas situated in Yandahalli Village, Varuna Hobali, Mysuru Taluk and District for formation of a Layout known as "Lalbahadur Shastri Nagar II Stage".

(2.) The relief sought in this petition is on terms of parity in light of the order passed by this Court in W.P.No.52285/2019 and W.P.No.10179/2020. The uncontroverted fact being that despite Preliminary Notification having been passed on 28/12/2006 for the purpose of formation of "Lalbahadur Shastri Nagar II Stage", no steps have been taken for the purpose of completing the acquisition proceedings.

(3.) This Court, in the case of Chowda Shetty vs. State of Karnataka and others [W.P.No.47125/2016 at Paragraph No.4 in Page 54] decided on 24/10/2016 and in the case of Sri. Shivanna vs. State of Karnataka and others [W.P.No .1409/2018] disposed of on 6/2/2018, in similar factual matrix, noticing that despite the Preliminary Notification having been issued in the year 2006, no subsequent steps have been taken, has allowed the writ petitions and quashed the Preliminary Notification observing that there was lapse of acquisition. The learned counsel for the petitioner has also produced copies of the orders passed in W.P.No.10179/2020 as well as in W.P.No.52285/2019. Accordingly, the petitioner is entitled for the relief of declaration that the acquisition has lapsed.