C. RANGEGOWDA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioner has assailed preliminary notification dated 4-1-2007 (Annexure-E), issued by the second respondent under sub-section (1) of Section 17 of the Karnataka Urban Development Authorities Act, 1987 ('the Act' for short). By that notification, inter alia petitioner's land bearing Sy. No. 13/1, situated at Chowdahalli Village, Kasaba Hobli, Mysore Taluk and Mysore District, has been sought to be acquired. Admittedly, thereafter no declaration or final notification under Section 19 of the Act has been issued. In the circumstances, petitioner has sought quashing of preliminary notification and a declaratory relief to the effect that the entire scheme has lapsed. The lands were sought to be acquired for the purpose of formation of "Swarna Jayanthi Nagara Layout" at Mysore.

(2.) It is the contention of the petitioner that in view of there being no declaration or final notification issued by respondents, the scheme has lapsed and therefore, the preliminary notification would have to be quashed.

(3.) I have heard learned Counsel for petitioner and learned Additional Government Advocate for respondent 1 as well as respondents 2 and 3 and perused the material on record.