MAMTADEVI Vs. N.H. KUMMANAVAR

JUDGEMENT

(1.) Complainant Nos.1 and 2 herein are owners of the land bearing Block No.173/1 measuring 39 guntas and Block No.173/2 measuring 39 guntas situated at Rayapur village of Dharwad District.

(2.) It is stated that the aforesaid land in Block No.173 was initially reserved for public purpose in the Comprehensive Development Plan of Urban Development Authority. Thereafter, by order dated 24.08.2016 change of land use was permitted from public purpose to residential purpose in exercise of power under Section 69(2) of Karnataka Town and Country Planning Act. It is in this background, the complainants herein would state that, application was filed before the Deputy Commissioner, Dharwad on 21.02.2017 seeking conversion of land from agricultural to non-agricultural purpose. It is stated that the same was considered by order dated 06.12.2017. Subsequently, an application was filed seeking approval of the layout plan on the said lands in the month of January 2018 and the same was not considered for a long time.

(3.) Hence, writ petitions were filed before the learned single Judge of this Court in W.P.No.108722/2018 and W.P.No.100652/2019 for declaration that the complainants herein have secured deemed permission in terms of Section 32(8) of the Karnataka Urban Development Authorities Act, 1987. The learned single Judge allowed the aforesaid writ petitions by order dated 08.04.2019 granting deemed permission in favour of the complainants for forming a layout. It is this order when placed before the respondents, the same was not permitted to be implemented by passing a resolution dated 29.06.2019, vide additional subject No.6 in the proceedings of the Hubballi-Dharwad Urban Development Authority. The same is at Annexure-C to the contempt proceedings, which according to the complainants is contrary to the order of the learned single Judge. Hence, the present contempt petitions are filed for non-implementation of the order of the learned single Judge of this Court in W.P.No.108722/2018 and W.P.No.100652/2019, which were disposed of by order dated 08.04.2019.