PRL. SECRETARY TO GOVERNMENT Vs. MAHAVEER

JUDGEMENT

(1.) The State through its Principal Secretary, Urban Development Department along with Deputy Commissioner, Vijayapura, have filed this intra Court appeal assailing the impugned order passed by the learned Single Judge in W.P.No.201785/2023 dtd. 6/7/2023.

(2.) The respondents had filed the writ petition aggrieved of the fact that the Vijayapura Urban Development Authority had not acted on the application filed by the writ petitioners seeking approval of a layout plan. The writ petitioners were informed that their lands were included in a scheme proposed by the authority under Notification dtd. 13/8/2010 notified in the Official Gazette on 26/8/2010. The scheme was announced under Ss. 17(1) and 17(3) of the Karnataka Urban Development Authorities Act, 1987 (for short hereinafter referred to as 'the Act, 1987'). The Urban Development Authority, Vijayapura had proposed the scheme to form a residential layout for the benefit of the general public in terms of Ss. 35 and 36 of the Act, 1987. In terms of Sec. 35, the authority is empowered to enter into an agreement with the owner of any land, with prior approval of the Government which would enable the authority to allot developed sites to the owner of the land in lieu of compensation determined in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, as could be found in Rule 3 of the Karnataka Urban Development Authorities (Allotment of Sites in Lieu of Compensation for the Land Acquired) Rules, 2009.

(3.) Learned Single Judge, however, noticed the fact that earlier too, the Court dealt with such matters where such schemes were announced by the State and the concerned Urban Development Authority, in W.P.No.201228/2023 dtd. 23/5/2023 and had declared that the scheme proposed by the State and the Authority had lapsed. Consequently, while issuing a mandamus directing the authority to consider the representation given by the respondents within a period of eight weeks from the date of receipt of a copy of the order, directions were also issued to the respondent/State to communicate the orders passed in W.P.No.201228/2023 dtd. 23/5/2023 and W.P.No.200570/2017 dtd. 14/6/2019 to all concerned authorities under their jurisdiction covered under 50:50 scheme for development of residential plots about the lapsing of the scheme within a period of two weeks from the date of the order.