VIJAYASHREEPURA KSHEMABIVRUDHI SANGHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant-Association is in appeal assailing the order of learned Single Judge in a batch of writ petitions, namely W.P.No.13020/2016 and W.P.Nos.29755-29806/2016.

(2.) The case on hand has a checkered history. The members of the appellant-Association claim to be occupants of plots/houses in a portion of Sy.No.1 of Vijayashreepura in Mysore. The Government of Karnataka acquired about 94 acres and 28 guntas of land by preliminary Notification dated 21.6.1985, under Section 16(1) of erstwhile City of Mysore Improvement Act, 1903 (hereinafter referred to as '1903, Act'). The City Improvement Trust Board (hereinafter referred to as 'CITB') was later succeeded by the Mysore Urban Development Authority (hereinafter referred to as 'MUDA'). From out of the acquired land, 55 acres was allotted on 26.09.1988 to JSS Mahavidyapeeta (hereinafter referred to as 'JSS'). The allotment made in favour of JSS was challenged in W.P.No.14726/1994. Whereas, about 23 persons claiming as tenants had filed applications under the provisions of the Karnataka Land Reforms (Amendment) Act, 1973, to the extent of 96 acres in Sy.No.1 of Vijayashreepura village. The Land Tribunal conferred occupancy rights on the applicants and those orders were assailed in W.P.No.17533/1981. The writ petitions were allowed and the orders of the Land Tribunal were set-aside, however the matters were remanded to the Tribunal for fresh consideration. In the meanwhile, Sri. K.B.Ramachandre Raje Urs, who claimed to be the landlord, filed W.P.No.14726/1994 challenging the acquisition Notifications and sought for a declaration that the 'scheme' for the land which was acquired had lapsed.

(3.) The petitioners contend that since several unauthorized constructions were found in Sy.No.1, the MUDA issued a Notification dated 09.01.1989 inviting applications for regularization of the dwelling houses. Since the applications for regularization remained unconsidered, some of the occupants filed writ petitions in W.P.Nos.3486-3487/1991 and W.P.Nos.24210-24230/1990. Those petitions were disposed of on 02.02.1993 directing the authorities to consider the applications on merits by protecting the occupations till consideration.