KEMPAMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, whose lands have been notified by virtue of notification under Sec. 17(1) of the Karnataka Urban Development Authorities Act, 1987 ('the Act' for brevity) for the purpose of formation of Lalbahadur Shastri Nagar 2nd Stage, have called in question the validity of the notification insofar as the land bearing Survey No.5/1 measuring 1.18 acres situate at Choranahalli Village, Varuna Hobli, Mysore Taluk.

(2.) It is submitted that despite notification under Sec. 17(1) of the Act having been passed, no further action in terms of the statutory scheme to complete the acquisition process including the passing of final notification and award have been initiated.

(3.) The said facts being un-controverted, noticing that the Preliminary Notification having been passed in the year 2006 and no further action having been taken and also noticing that the relief in a identical factual matrix with respect to the same layout has been extended to the land owners in the order passed by this Court on 12/1/2018 in W.P.Nos.657-661/2018 (LA-UDA), in which reliance is placed upon the judgment in the case of C.G.Gangadhar v. Mysore Urban Development Authority, Represented by its Commissioner reported in (2013) 4 KLJ 559, the petitioners in the present petition are also entitled for the same relief.