Karnataka High Court
Sri I M Omkar vs State Of Karnataka on 30 July, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
Reserved on : 10.06.2025
Pronounced on : 30.07.2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
WRIT PETITION No.9465 OF 2024 (LA - UDA)
BETWEEN:
1 . SRI I.M.OMKAR
S/O MALLEGOWDA I.M.,
AGED ABOUT 52 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
2 . SRI NARENDRA
S/O LATE I.M.KALLEGOWDA
AGED ABOUT 52 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
3 . SRI CHANDRASHEKAR N.,
S/O LATE NONAIAH POOJARY,
AGED ABOUT 37 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
4 . SRI MOHAN I.E.,
S/O ERE GOWDA I.K.,
AGED ABOUT 60 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
2
CHIKKAMAGALURU TALUK - 577 101.
5 . SRI GAJENDRA I.R.,
S/O I.J.RAJSHEKARAPPA,
AGED ABOUT 37 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
6 . SRI I.B.MALLEGOWDA
S/O BASAVEGOWDA,
AGED ABOUT 74 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
7 . SRI I.J.RAJSHEKARAPPA
S/O LATE JUNJEGOWDA,
AGED ABOUT 68 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
8 . SRI VEERABHADRE GOWDA I.B.,
S/O LATE AJJEGOWDA,
AGED ABOUT 63 YEARS,
R/AT INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
9 . SRI I.R.NAVEEN
S/O I.S.RUDREGOWDA,
AGED ABOUT 63 YEARS,
R/AT NO.7,
INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
10 . SMT.H.C.ANUPA
W/O I.R.NAVEEN,
AGED ABOUT 54 YEARS,
3
R/AT NO. 7
INDAVARA VILLAGE AND POST,
KASABA HOBLI,
CHIKKAMAGALURU TALUK - 577 101.
... PETITIONERS
(BY SRI SACHIN B.S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY
SECRETARY FOR URBAN DEVELOPMENT AND
MUNCIPAL ADMINISTRATION
VIDHANA SOUDHA - 560 001.
2. STATE OF KARNATAKA
UNDER SECRETARY TO GOVERNMENT,
URBAN DEVELOPMENT DEPARTMENT,
VIKASASOUDHA,
BENGALURU - 560 001.
3. THE COMMISSIONER
CHIKAMAGALURU URBAN
DEVELOPMENT AUTHORITY
CHIKKAMAGALURU - 575 101.
4. THE PRESIDENT
CHIKAMAGALURU URBAN
DEVELOPMENT AUTHORITY
CHIKKAMAGALURU - 575 101.
5. DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTRICT
CHIKKAMAGALURU - 575 101.
... RESPONDENTS
(BY SRI SPOORTHY HEGDE N., HCGP FOR R-1, R-2 AND R-5;
SRI A.RAVISHANKAR, ADVOCATE FOR R-3 AND R-4)
4
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 12.12.2023 PASSED BY THE R-3 AS
PER ANNEXURE-A1 TO A-10 NA.AA.PRA.CHI.IM.VABA.WPNO.
20401/23 ORDER/1865 AND QUASH THE FINAL NOTIFICATION
DATED 20.02.2023, ISSUED BY R-2 AS PER ANNEXURE-B,£ÀCE 93
ªÀÄå¥Áæ 2022 (E) IN SO FAR SCHEDULE PROPERTY .
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR ORDERS ON 10-06-2025, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:-
CORAM: THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CAV ORDER
The petitioners aggrieved by the final notification dated
20-02-2023 issued by respondent No.2 and a consequential
order dated 12-12-2023 passed by the 3rd respondent are before
this Court alleging procedural aberrations in the acquisition of
lands belonging to them.
2. Heard Sri B.S.Sachin, learned counsel appearing for the
petitioners, Sri N.Spoorthy Hegde, learned High Court
Government Pleader appearing for respondents 1, 2 and 5 and
Sri A.Ravishankar, learned counsel appearing for respondent
Nos. 3 and 4.
5
3. Facts, in brief, germane are as follows: -
The petitioners are agriculturists who grow crops like
pepper, areca nut, coffee, coconut, vegetables etc. in the lands
that they own. They are said to be the absolute owners of the
said properties. The properties of the petitioners are said to be
falling within the green belt area. A proposal emanates from the
3rd respondent / Chikamagaluru Urban Development Authority
('hereinafter referred to as 'the Authority' for short) for
acquisition of lands, which included the lands of the petitioners
under the Karnataka Urban Development Authorities Act, 1987
('the Act' for short). Prior to the proposal for the scheme of
development of lands, on 04-09-2021 a meeting is said to have
been held between the Authority and the land owners on the
acquisition of lands and payment of compensation in the ratio of
50:50. 90% of the land owners are said to have expressed their
willingness to part with their lands for construction of a new
residential layout coming within the precincts of the Authority.
The Authority is said to have undertaken to allot all the sites that
would be formed, to the members of backward classes or
economically weaker sections of the Society. Prior to the said
meeting, petitioners 5 and 7 are said to have made
6
representations to the Authority conveying that they do not
intend to give up their lands. Notwithstanding the same, the
meeting goes on, which results in an order by the Authority on
30-10-2021 that the meeting of the Authority has been
successful and 90% of land owners have accepted the proposal
put forth by the Authority. Survey numbers that were sought to
be acquired for development of residential layout formed part of
the Notification dated 30-10-2021. The land owners who had
accepted the proposal gave their consent to the Authority for
acquisition of lands. The petitioners again objected to the
acquisition of their lands stating that they would not give consent
for acquisition.
4. The 2nd respondent grants its approval as obtained
under the Act for the purpose of development of lands totally
measuring 200 acres, which was with the consent of 90% of land
owners in terms of the Scheme. The petitioners then filed their
objections again and raised several grievances against
acquisition of their lands. It was their contention that they would
be deprived of their livelihood if their lands were to be acquired.
Few of the petitioners raised grievances against the acquisition
but the co-owners of lands in Sy.No.116/4A and the adjacent
7
land owner enters into an agreement of sale with the Authority
subject to the condition of return of developed land in the ratio of
50:50 in terms of the Karnataka Urban Development Authority
(Allotment of Sites) Rules, 1991 ('the Rules' for short).
Accordingly, objections were filed to the preliminary notification
so issued on 27.04.2022, and a resolution comes about after
considering the objections to the preliminary notification on 15-
09-2022. The Authority then issues an Official Memorandum
directing the 5th respondent/Deputy Commissioner to proceed
with the formation of the Scheme. On 01-01-2023 the Authority
submits a proposal under the prevailing law for approval of the
Scheme. The proposal inter alia was to the effect that acquisition
process will have to be carried out to the extent of 33 acres and
21 guntas in the light of no consent given by few of the land
owners. After all these deliberations between respondents 1, 3
and 5, a final notification comes to be issued on 20-02-2023.
The Authority then began to execute the work of formation of
sites, laying roads and drainages towards implementation of the
project. The petitioners, on the score that the representations
submitted by them to the Authority were not considered,
approached this Court in Writ Petition No.11534 of 2023. Due to
8
immediate threat of dispossession, as the work had begun, an
interim order was granted not to dispossess these petitioners. A
coordinate bench of this Court disposes of the writ petition on
20-06-2023 on the submission of the Authority that the
apprehension of taking over possession of the lands of the
petitioners would arise only after an award is passed. The
petitioners again prefer another petition in Writ Petition
No.20401 of 2023, on a resolution that was made which was
placed before the Court. The said writ petition also comes to be
disposed of with a direction to consider the objections filed by
the petitioners or if objections are not filed they were permitted
to give representations venting out their grievances. The order
comes about on 09-10-2023. The representations were
subsequently made on 30-10-2023 seeking de-notification of the
lands of the petitioners from acquisition process. The ground,
inter alia, in the representation was that the Authority had not
considered the objections of the petitioners and the acquisition
process was contrary to law. The impugned order comes about
on 12-12-2023, claiming to be considering the objections of the
petitioners and nothing was found in those objections that would
9
stop the acquisition process. It is then, the petitioners prefer the
subject petition.
5. The learned counsel appearing for the petitioners would
vehemently contend that the impugned order dated 12-12-2023,
which rejects their objections and the final notification issued on
20-02-2023 are contrary to the Act, violates the principles of
natural justice and arbitrary as the petitioners' lands are being
taken away without considering the objections as necessary
under the Act. The petitioners' objections were placed even
before the Scheme could be approved under Section 18 of the
Act. It is now rejected on vague grounds without application of
mind. In terms of the Act, it is his submission, that a final
decision can be issued only after considering the objections of
the petitioners. The 1st respondent has approved the proposal
and rendered its sanction to the Scheme without considering the
objections. The acquisition proceedings under the Act can be
initiated only after consent of land owners. The petitioners have
not consented to the acquisition of their lands. The total land
sought to be acquired in the preliminary notification is 208 acres
and 37 guntas. A memorandum of understanding is entered into
between the land owners and the Authority to the extent of 138
10
acres and 31 guntas and lands owners to the extent of 31 acres
and 36 guntas had agreed to give up their lands. The balance of
33 acres and 21 guntas is where regular acquisition process is to
be initiated. That would be only on consent.
6. Per contra, the learned High Court Government Pleader
appearing for the Authority would contend that there is
deliberate suppression of material facts before the Court by the
petitioners. The final notification clearly indicates that the
contentions advanced by the petitioners in the objections have
been taken note of and there is complete compliance with the
provisions of the Act. 90% of land owners have come forward
for joint development of land in the 50:50 ratio and any delay in
implementation of the Scheme would harm the interest of the
public. The petitioners have falsely contended that they are
owners of certain lands while they are not. The proposal was
made on 26-10-2021. The Authority conducts a survey, fix a
tentative price of ₹850 per sq. ft. and nominated Banks from
whom the allottees could avail loan facilities. The 2nd respondent
has approved the Scheme under Section 18(3) of the Act. The
work for implementation of the Scheme had already commenced
and work order has been issued to several contractors to the
11
tune of ₹157 crores for the total extent of the land where
residential layout is sought to be formed. The respondents in
unison would seek dismissal of the petition.
7. I have given my anxious consideration to the
submissions made by the respective learned counsel and have
perused the material on record.
8. The petitioners being the land owners is a matter of
record as plethora of documents are placed on record regarding
their ownership. The issue gets triggered when the news of a
proposal for formation of residential layout spreads. The
petitioners submit their representations to the Authority that
they do not want to give up their lands. One of the
representations so given is as follows:
"EAzÀ,
L.E.ªÉÆúÀ£ï
Ph: 9480612950
©£ï: ಈ ೇ ೌಡ ಐ. ೆ.
ಇಂ ಾವರ,
ಕ ಮಗಳ ರು ಾ®Æèಕು.
UÉ,
ªÀiÁ£Àå DAiÀÄÄPÀÄÛgÀÄ
ಮತು ಅಧ PÀëರು ನಗ ಾ ವೃ¢Þ ¥Áæ! ಾರ
ಕ ಮಗಳ ರು.
12
"ಾನ ೇ
#ಷಯ: ಇಂ ಾವರದ'( )ೊಸ ಾ, ಬ.ಾವ/ೆ "ಾಡಲು ನಗ ಾ ವೃ¢Þ
1ಾ2! ಾರ ಕೃ3 ಜ5ೕ ನನು6 ವಶಪ9: ೊಳ;<=ರುವ>ದರ ಬ ೆ?.
*****
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ಇಂ ಾವರ ಾ2ªÀÄದ ಸ : ನಂ: 132:ಎ ರ'( 1-28 UÀÄAmÉ ಜ5ೕನನು6 )ೊಂJzÀÄÝ, ಸದK
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ಕೃ3 ಉಪRೕಗ ಾ , SಟುE ೊಂ9zÀÄÝ ಸದK ¸ÉÆwÛನ'(
ನ'( ಾವ> TUೇಶನ "ಾಡಲು ೇHzÀÄÝ
ಅದ ೆ ನಮV ಅನುವ= ಇರುವ>Jಲ(, ಸದK ¸ÉÆwÛನ ಅವಶ ಕ ೆ ನಮ ೆ ಇರುತ ೆ.ೆ
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ೆಗದು ೊ¼ÀîGಾರ ಾ, ೋರು ೇMೆ.
ವಂದMೆಗYೆ ಂJ ೆ
¸À»/-
vÀªÀÄä «±Áé¹
¢£ÁAPÀ: 2-11-2021
ಕ ಮಗಳ ರು."
(Emphasis added)
After the objections, the proposal for implementation of the
Scheme for development was to be taken up. Therefore, on
04.09.2021 deliberations go on for a consensus for development
of lands. 90% of land owners agree to hand over their lands for
acquisition on an assurance that they would get developed land
13
in the ratio of 50:50 in terms of the Rules. The petitioners'
objections were allegedly not considered by the Authority and a
preliminary notification comes to be issued on 29-04-2022.
Pursuant to the preliminary notification, the petitioners again file
their objections and one such objection filed by the petitioners is
as follows:
"ªÀiÁ£Àå PÀAzÁAiÀÄ G¥À «¨sÁUÀ C¢üPÁjUÀ¼ÀÄ
aPÀ̪ÀÄUÀ¼ÀÆgÀÄ.
EAzÁ:
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ªÉÆ: 9008380262
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14
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ಮೂಲ ಆ ಾರಯUಾ,ರುತ ೆ ಈ ಜ5ೕನು ತK ಜ5ೕನು ಆ,ದುb Tೕ ಾವK ಮತು ಪಂಪ>ಸx
ಬಳ:ರು ೇMೆ ಈ ಬ.ಾವ/ೆಯ'( ನಮ ೆ ಅನುಕೂಲ,ಂತ ಅMಾನೂಕುಲUೆ )ೆ yದುb ಬೂ5
ಕYೆದು ೊಳ;<ವ kೊ ೆ ೆ ವಸ= TೕUೇಶನ "ಾ ಾಟUೆ ನಮ ೆ "ಾಗL ಉಪಯ ಸೂಚMೆಗYೆ
ಹ yದುb Mಾವ> ಕೃ3ಯನು6 ಮುಂದುವK: ೊಂಡು )ೋ,ರು ೇUೆ ಎಂದು )ೋಗಲು
1ಾ2!ೕ ಾರ ಮತು p\ಾ(! ಾK ೆ "ಾವ#ಯನು6 ಸ'(:ರು ೇUೆ ಅದುದbKಂದ ನಮV
ಜ5ೕTನ'( TೕUೆಶನ "ಾಡಲು ನಮV ಅPÉëÃಪ/ೆ ಇ ೆ ನಮV ಜ5ೕನನು6 ಎಂJನಂ ೆ Mೋ
Qm ೇಶTಂದ ಕೃ3ಯನು6 "ಾಡಲು 116/4ಎರ'(
ಎರ'( 2.24 ಏಕ ೆ ಜ5ೕನನು6 ಕೃ3ಯನು6
"ಾಡಲು SಟುE ೊಡGೇ ಾ, ತಮV'( ೇH ೊಳ;< ೇMೆ ಮತು ಜ5ೕನನು6
Oಾ_!ೕನಪ9:
Oಾ_!ೕನಪ9: ೊಳ<G ೇ9 ಎಂದು #ನಂ=: ೊಳ;< ೇMೆ."
ೇMೆ."
(emphasis added)
15
All the objections submitted are identical to what is quoted
hereinabove. The Authority deliberates upon the objections so
filed and resolves as follows:
" JMಾಂಕ:
JMಾಂಕ 15-09-2022 ರಂದು ಕ ಮಗಳ ರು ನಗ ಾ ವೃJ^ 1ಾ2! ಾರದ ಅಧ f ಾದ
|2ೕ :.ಆನಂ}
ಆನಂ} ಇವರ ಅಧ f ೆಯ'( ನ.ೆದ ಸ]ೆಯ =ೕ"ಾLನದ ಉzÀÎøತ]ಾಗ
#ಷಯ ಸಂ~ೆ : 03
ಕ ಮಗಳ ರು ಾಲೂ(ಕು, ಕಸGಾ )ೋಬH, ಇಂ ಾವರ ಾ2ಮದ ##ಧ ಸUೆL
ನಂಬsಗಳ'( ಒಟುE 203 ಎಕ ೆ 28 ಗುಂƒೆ ಜ5ೕTನ'( ೈತರ ಸಹ]ಾ,ತ_ದಂ ೆ iೇ.50:50
ರ ಅನು1ಾತದ'( )ೊಸ ವಸ= RೕಜMೆಯ ಅನು†ಾ‡ನ ಾ , ಕMಾLಟಕ ನಗ ಾ ವೃJ^
1ಾ2! ಾರಗಳ ಅ!Tಯಮ 1987 ರ ಕಲಂ 18(3) ರನ_ಯ ವಸ= #Mಾ ಸ ಅನುdೕದMೆ ಾ,
ಪ2OಾವMೆಯನು6 ಸ'(ಸುವ ಕುKತು.
n¥ÀàtÂ
ಸ ಾLರದ ಅ!ಸೂಚMೆ ಸಂ~ೆ : ನಅಇ/ 44/ Gೆಂರೂ¥Áæ/ 2009 JMಾಂಕ:
30.07.2009 ಮತು ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ (ಭೂOಾ_!ೕನ
ಪ9: ೊಂ9ರುವ>ದ ೆ ಪK)ಾರಗಳ ಬದ' ೆ TUೇಶನಗಳ ಹಂ ೆ) (=ದುbಪ9) Tಯಮಗಳ;-
2015 )ಾಗೂ ಸ ಾLರದ ಅ!ಸೂಚMೆ ಸಂ~ೆ : ಯು.9.9./ 08/ QQm/ 2014
JMಾಂಕ:11.02.2015 ರಂ ೆ ಕ ಮಗಳ ರು ಾಲೂ(ಕು, ಕಸGಾ )ೋಬH, ಇಂ ಾವರ
ಾ2ಮದ ##ಧ ಸUೆL ನಂಬsಗಳ'( ಅಂ ಾಜು 200 ಎಕ ೆ ಜ5ೕTನ'( ಭೂ"ಾ'ೕಕರು
)ಾಗೂ 1ಾ2! ಾರದ ಸಹ]ಾ,ತ_ ೊಂJ ೆ iೇ. 50:50 ರ ವಸ= RೕಜMೆಯನು6
ಅನು†ಾ‡ನ ೊHಸಲು ಉ ೆbೕ|:ದುb, ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ ಾob 1987 ರ
ಕಲಂ 15 (1) (S) ರನ_ಯ ಸ ಾLರದ ಪತ2 ಸಂ~ೆ ನಅಇ: 93: Cೖಅ1ಾ2: 2022 (ಇ-ಕಡತ)
Gೆಂಗಳ ರು, JMಾಂಕ: 09.03.2022 ರಂದು ಇಂ ಾವರ ವಸ= RೕಜMೆ ೆ ಪ•UಾLನುಮ=
ೊ ೆ=ರುತ ೆ ಮತು ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ ಾob 1987 ರ ಕಲಂ 17 (1)
ರನ_ಯ ಕMಾLಟಕ ಾಜ ಪತ2ದ'( JMಾಂಕ: 29.04.2022 ರಂದು ಆŽೇಪ/ೆ ೆ 30 Jನಗಳ
ಾ\ಾವ ಾಶ Tೕ9 ಅ!ಸೂಚMೆಯನು6 ಪ2ಕQಸ\ಾ,ತು. ಸದK 30 Jನಗಳ ಆŽೇಪ/ೆಯ
ಅವ!ಯ'( ಇಂ ಾವರ ಾ2ಮದ ಸUೆL ನಂಬsಗಳ 203 ಎಕ ೆ 28 ಗುಂƒೆ ಅ!ಸೂ ತ
ಪ2 ೇಶದ ಭೂ"ಾ'ೕಕKಂದ qಾವ> ೇ ಆŽೇಪ/ೆಗಳ; 1ಾ2! ಾರದ'( :_ೕಕೃತUಾ,ರುವ>Jಲ(.
Tಗ!ತ ಅವ!ಯ ನಂತರ ಸು"ಾರು 10 ಭೂ"ಾ'ೕಕರುಗಳ; (20 ಎಕ ೆ 30 ಗುಂƒೆ)
ಆŽೇಪ/ೆಗಳನು6 JMಾಂಕ: 20.07.2022 ರಂದು ಪಂrಾg ಅ ವೃJ^ ಅ! ಾK, ಇಂ ಾವರ
(PDO) ರವರ ಮು~ಾಂತರ ಸ'(:ರು ಾ ೆ.
16
ಇಂ ಾವರ ಾ2ಮದ ##ಧ ಸUೆL ನಂಬsಗಳ'( ಒಟುE 203 ಎಕ ೆ 28 ಗುಂƒೆ
ಜ5ೕTನ'( ವಸ= RೕಜMೆ ಅನು†ಾ‡ನ ೊHಸಲು JMಾಂಕ:21.01.2022 ರಂದು
TUೇಶನಗಳ Gೇ9 ೆ ಸ5ೕŽೆ ಪ2ಕಟ/ೆ )ೊರ9:ದುb, ಪ2ಕಟ/ೆಯನ_ಯ ##ಧ ಅಳ ೆಯ
TUೇಶನಗH ೆ OಾವLಜTಕರು ಒಟುE 7693 ಅpLಸ'(:, Mೋಂದh "ಾ9 ೊಂ9ರು ಾ ೆ.
ಇದKಂದ TUೇಶನಗH ೆ Gೇ9 ೆ )ೆrಾy,ರುವ>ದು ಕಂಡುಬಂJರುತ ೆ. ಈ ಾಗ\ೇ ಇಂ ಾವರ
ವಸ= RೕಜMೆಯ Uಾ mಯ'( ಬರುವ ಭೂ"ಾ'ೕಕರು iೇ. 60 t ಂತ )ೆಚುy ಜ5ೕನನು6
ಪರಸcರ ಒಡಂಬ9 ೆ ಪತ2 (MOU) ಮೂಲಕ 1ಾ2! ಾರ ೆ Mೋಂದh "ಾ9 ೊQEರು ಾ ೆ.
ಉHದ ಜ5ೕನನು6 ಸ)ಾ ಹಂತ ಹಂತUಾ, ಭೂ"ಾ'ೕಕKಂದ(MOU) Mೋಂದh
"ಾ9 ೊಳ;<ವ ಪ2t2o ಪ2ಗ=ಯ'(ರುತ ೆ. ಅದರಂ ೆ ಕMಾLಟಕ ನಗ ಾ ವೃJ^
1ಾ2! ಾರಗಳ ಅ!Tಯಮ 1987 ರ ಕಲಂ 18[3) ರನ_ಯ T ೇLಶಕರು, ನಗರ ಮತು
ಾ2"ಾಂತರ RೕಜMಾ ಇ\ಾ~ೆ, Gೆಂಗಳ ರು ಇವK ೆ ವಸ= #Mಾ ಸ ನPÉë
ಅನುdೕದMೆ ಾ, ಪ2OಾವMೆಯನು6 ಸ'(ಸಲು ಸ]ೆಯ =ೕ"ಾLನ ೆ ಮಂ9: ೆ.
=ೕ"ಾLನ:
ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ ಾob 1987 ರ ಕಲಂ 17 (1) ರನ_ಯ
ಕMಾLಟಕ ಾಜ ಪತ2ದ'( JMಾಂಕ:-29.04.2022-ರಂದು-ಆŽೇಪ/ೆ ೆ 30 Jನಗಳ
ಾ\ಾವ ಾಶ `Tೕ9 ಅ!ಸೂಚMೆಯನು6 ಪ2ಕQಸ\ಾ,ತು. ಆŽೇಪ/ೆಗH ೆ JMಾಂಕ : 28-05-
2022 ೆ ಅಂ=ಮ JನUಾ,ರುತ ೆ. ಸದK 30 Jನಗಳ ಆŽೇಪ/ೆಯ ಅವ!ಯ'( ಇಂ ಾವರ
ಾ2ಮದ ಸUೆLನಂಬsಗಳ 203 ಎಕ ೆ 28 ಗುಂƒೆ ಅ!ಸೂ ತ ಪ2 ೇಶದ ಭೂ"ಾ'ೕಕKಂದ
qಾವ> ೇ ಆŽೇಪ/ೆಗಳ; 1ಾ2! ಾರದ'( :_ೕಕೃತUಾ,ರುವ>Jಲ(. Tಗ!ತ ಅವ!ಯನಂತರ 10
ಭೂ"ಾ'ೕಕರುಗಳ; (20 ಎಕ ೆ 30 ಗುಂƒೆ)
ಗುಂƒೆ JMಾಂಕ:
JMಾಂಕ 20.07.2022 ರಂದು ಪಂrಾg
ಅ ವೃJ^ ಅ! ಾK,
ಾK ಇಂ ಾವರ (PDO) ರವರ ಮು~ಾಂತರ ವಸ= RೕಜMೆgಂದ ನಮV
ಜ5ೕನನು6 ೈSಡುವಂ ೆ ಆŽೇಪ/ೆ ಸ'(:ರು ಾ ೆ.ೆ )ಾಗೂ 1ಾ2! ಾರ ೆ UೈಯtಕUಾ,
UೈಯtಕUಾ, 06
ಭೂ "ಾ'ೕಕರು (12 ಎಕ ೆ 31 ಗುಂƒೆ),
ಗುಂƒೆ ಆŽೇಪ/ೆಗಳನು6 ಸ'(:, ವಸ= RೕಜMೆgಂದ
ನಮVಗಳ ಕೃ3 ಜ5ೕನನು6 ೈSಡGೇ ಾ, ೋKರು ಾ ೆ,ೆ Tಗ!ತ ಅವ! ನಂತರ ಬಂದಂತಹ
ಆŽೇಪ/ೆಗYಾ,ರುವ>ದKಂದ,
ಆŽೇಪ/ೆಗYಾ,ರುವ>ದKಂದ ಪKಗhಸುವ ಬ ೆ? ಸ]ೆ ೆ ಆಯುಕರು =H:ದbರ Cೕ ೆ ೆ,ೆ
ಸ]ೆಯ'( ಸು!ೕಘLUಾ, #ಷಯದ ಬ ೆ? ಚ Lಸ\ಾgತು,
Lಸ\ಾgತು ಆŽೇಪ/ೆಗಳನು6 ಸ'(:ರುವ ಒಟುE
33 ಎಕ ೆ 21 ಗುಂƒೆಯ ಒಟುE 16 ಭೂ "ಾ'ೕಕರುಗಳ;,
"ಾ'ೕಕರುಗಳ; ತಮV ಕುಟುಂಬದ ಆ: 1ಾಲು ಾK ೆ
ಬ ೆ? ಮತು ಅ#ಭಕ ಕುಟುಂಬದ ಆ: #]ಾಗ ಾ , Mಾ qಾಲಯದ'( ಾUೆ
ಹೂ9ರುವ> ಾ,ರುತ ೆ.ೆ ಈ ಆŽೇಪ/ೆಗಳ; ಉ ೆbೕ|ತ ವಸ= RೕಜMೆ ಅ ವೃJ^ ೆ
ವ =KಕUಾದ
=KಕUಾದ ಆŽೇಪ/ೆಗYಾ,ರುವ>Jಲ(. ಒƒಾE ೆ ಆŽೇಪ/ೆಗಳನು6 ಪK|ೕ':
ಸವLಸದಸ ರುಗಳ; ಸ]ೆಯ'( ಚ L:,
L: ಗಂ ೕರ ಸ_ರೂಪದ )ಾಗೂ ಗುರುತರವಲ(ದ
ಆŽೇಪ/ೆಗYಾ,ರುವ>ದKಂದ ಮತು ಅವ! 5ೕK ಬಂದ Uೈಯtಕ ಆŽೇಪ/ೆಗYೆಂದು
17
ಪKಗh:,
ಪKಗh: ವಸ= RೕಜMೆ ೆ ಪ•ರಕUಾ,ರುವ>Jಲ(Uೆಂದು ಪKಗh: ಸವLಸದಸ
ಸವLಸದಸ ರುಗಳ;
ಒmc ವಸ= ಬ.ಾವ/ೆ ಅ ವೃJ^ಪ9ಸಬಹು ೆಂದು ಸUಾLನುಮತJಂದ =ೕ"ಾLTಸ\ಾgತು
¸À»/-
ಅಧ fರು
ಕ ಮಗಳ ರು ನಗ ಾ ವೃJ^ 1ಾ2! ಾರ
ಕ ಮಗಳ ರು."
(emphasis added)
The resolution takes note of the objections of land owners to the
extent of 33 acres 21 guntas. The land owners are said to have
filed cases before the civil Court for partition of joint family
property and the Authority then resolves that the objections of
land owners are trivial and frivolous. The objections are personal
as they project only the partition of the property between the
members of petitioners' family. Therefore, the objections are to
be rejected and resolved to continue with the acquisition
process. This results in administrative approval for the purpose
of acquisition and issuance of final notification on 20-02-2023.
The petitioners then knock at the doors of this Court in Writ
Petition No.11534 of 2023, when the work of implementation of
the project/Scheme began. The writ petition comes to be
disposed of on the submission made by the 2nd respondent that
dispossession of the petitioners would arise only after passing of
18
an award as is necessary under the Act. The order dated
20-06-2023 passed in Writ Petition No.11534 of 2023 reads as
follows:
"Petitioners have filed the present writ petition seeking
for issuance of writ of mandamus restraining the respondents
from interfering or dispossessing the petitioners from the
schedule property.
2. The petitioners have filed the present writ petition
on the premise that only preliminary notification has been
passed and that without concluding the acquisition
proceedings, steps are afoot to take possession of the
properties of the petitioners, morefully described in the
schedule. Accordingly, an order of restraint is sought against
the respondents.
3. Sri. A. Ravishankar, learned counsel for respondent
No.2 has filed statement of objections and brings to the
notice of the Court the preliminary notification issued under
Section 17(1) of the Karnataka Urban Development
Authorities Act, 1987 (for short 'the Act') followed by the
final notification under Section 19(1) of the Act dated
20.02.2023, copy of which is produced at Annexure-R5. He
submits that the apprehension of the petitioners at the
present stage is based on the false premise and even
otherwise, the question of taking over possession of
the petitioners' lands is only after the award is passed,
which is the procedure prescribed under the Act.
4. In light of the stand of respondent No.2, the
apprehension regarding possession does not arise at
present as admittedly award is not yet passed.
Accordingly, petition is disposed off. Petitioners are at
liberty to seek for substantive relief as is open under
law at an appropriate stage of the acquisition
proceedings, if so advised. All contentions of both
sides are kept open."
(emphasis supplied)
19
Pursuant to the order passed by the coordinate bench, springs
another petition now challenging the resolution dated
15-09-2022 of the Authority and the final notification so issued
on 20-02-2023. Another coordinate bench, after hearing the
contentions, disposed of the writ petition on 09-10-2023 by the
following order:
".... .... ....
7. It is contended that out of 170 acres 7 guntas
of land, except 33.21 acres of land the rest of the land
has been acquired with the consent of land owners.
Petitioners herein are the owners of land forming part
of remaining 33.21 acres and who have admittedly not
consented/ agreed for acquisition.
8. Section 35 of the Act reads as under;
"35. Authority to have power to acquire land
by agreement.- Subject to the provisions of this Act and
with the previous approval of the Government, the
Authority may enter into an agreement with the owner of
any land or any interest therein, situated within the urban
area for the purchase of such land".
9. Thus, since there has been no agreement,
authorities have to proceed with under Section 36, which
reads as under;
"36. Provisions applicable to the acquisition of
land other-wise than by agreement.- (1) The
Acquisition of land under this Act otherwise than by
agreement within or without the urban area shall be
regulated by the provisions, so far as they are applicable,
(of the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act,
2013.];
(2) For the purpose of sub-section (2) of section 95
of the Right to Fair Compensation and Transparency in
20
Land Acquisition, Rehabilitation and Resettlement Act,
2013], the Authority shall be deemed to be the local
authority concerned.
(3) After the land vests in the Government under
section 23 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013], the Deputy Commissioner shall,
upon payment of the cost of the acquisition, and upon the
Authority agreeing to pay any further cost which may be
incurred on account of the acquisition, transfer the land to
the Authority, and the land shall thereupon vest in the
Authority."
10. Needless to state if the authorities are opting the
mode of acquisition in terms of Section 36 of the Act, and
requirement of service of notice under Section 17 of the Act
has to be complied with.
11. Though it is contended on behalf of the
petitioners that no individual notices were served on
them and that the paper notification as contemplated
under Section 17 of the Act, is not published in the
newspaper having wide circulation, admittedly
petitioners have voluntarily submitted objections on
three occasions, which objections have been
apparently considered by respondent-authorities.
12. Be that as it may. Since as fairly submitted by the
learned counsel for the respondent No.3 that in terms of the
order of the Government order (Administration sanction)
dated 25.01.2023 (as extracted herein above) the
respondent No.3 are in the process of initiating proceedings
under Section 36 of the Act to an extent of 33.21 acres of
land, which includes lands belonging to the petitioners
hereinabove, another opportunity to the petitioners would be
provided in accordance with law.
13. Submission is taken on record.
14. In view of the above, considering this narrow issue
involved in this matter, petition is disposed of with the
following;
ORDER
21
(1) Petitioners shall present before the
respondent- authorities on 30.10.2023 @ 11.00 a.m.
with all necessary records and objections if any.
(2) Respondent No.3 shall consider the
representation /objection of the petitioners and pass
orders thereon in accordance with law, within an outer
limit of eight weeks thereafter.
(3) It is made clear that the petitioners shall not raise
any grounds of non-service of notice as contemplated under
Section 17 of the Act as they have been provided fresh
opportunity by virtue of this order.
(4) It is also made clear the final notification at
Annexure-B to the extent of the properties belonging to the
petitioners shall be kept in abeyance till the respondent-
authorities consider the objections filed by the petitioners as
directed by this Court.”
(emphasis supplied)
The petitioners’ objections were found to be left unconsidered by
the coordinate bench and the coordinate bench on the
submission made by the Authority that it would consider the
objections in accordance with law after hearing the petitioners,
directed the petitioners to be present before the Authority.
Accordingly, on 30th October, 2023 the petitioners gave a
detailed representation and were personally heard in the matter.
On consideration of the objections, the order impugned is passed
on 12-12-2023. The order reads as follows:
22
“#ಷಯ : ಕ ಮಗಳ ರು ನಗ ಾ ವೃJ^ 1ಾ2! ಾರJಂದ ಇಂ ಾವರ ಾ2ಮದ ೈತರ
ಸಹ]ಾ,ತ_ ೊಂJ ೆ iೇ. 50:50 ರ ಅನು1ಾತದ'( 208 ಎಕ ೆ 37 ಗುಂƒೆ ವಸ=
RೕಜMೆ ಅ ವೃJ^ ಪ9ಸು=ರುವ ಕುKತು.
ಉ\ೆ(ೕಖ: 1. ಉಚy Mಾ qಾಲಯ Kx ಅpL ಸಂ~ೆ W.P. 20401/2023 ಆ ೇಶ
¢£ÁAPÀ: 09.10.2023.
2. ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ ಾob 1987 ರ ಕಲಂ 17 (1)
ರನ_ಯ ಕMಾLಟಕ ಾಜ ಪತ2ದ'( JMಾಂಕ: 29.04.2022 ರಂದು
ಅ!ಸೂಚMೆಯನು6 )ೊರ9ಸ\ಾ, ೆ.
ಉ\ೆ(ೕಖ (1) ರ ಉಚy Mಾ qಾಲಯದ ಆ ೇಶದ'( UಾJಯವರು JMಾಂಕ: 30.10.2023
ರಂದು ಉ\ೆ(ೕಖ (2) ರ ಅ!ಸೂಚMೆ ೆ ಆŽೇಪ/ೆಗಳನು6 ಈ ಕ’ೇK ೆ ಸ'(ಸಲು =Hಸ\ಾ,ದುb,
ಅದರಂ ೆ ಇಂ ಾವರ ವಸ= ಬ.ಾವ/ೆ ಅ ವೃJ^ ಪ9ಸು=ರುವ ಕುKತು ಾUೆ ಹೂ9ದb ಭೂ
“ಾ’ೕಕರುಗಳ; ಆŽೇಪ/ೆಗಳನು6 ಸ'(:ದುb, ಸದK ಆŽೇಪ/ೆಗಳನು6 ಪK|ೕ’ಸ\ಾ,ದುb, ಈ ಾಗ\ೇ
iೇ. 90 ಕೂ )ೆಚುy ೈತರುಗಳ ಜ5ೕನನು6 RೕಜMೆ ಅ ವೃJ^ ೆ SಟುE ೊಡಲು ಒmc ೆಯನು6
ಸೂ :ದುb, ಬಹು ೇಕ ಭೂ”ಾ’ೕಕರು ಒಡಂಬ9 ೆ ಪತ2ದ ಮೂಲಕ Mೋಂದh
“ಾ9 ೊQEರು ಾ ೆ. ಅಲ( ೇ ಾUೆ ಹೂ9ದb ೈತರುಗಳ ಜ5ೕನುಗಳ; ಬ.ಾವ/ೆಯ ಎ\ಾ(
]ಾಗದ'(ದುb )ಾ ಾ, ಬ.ಾವ/ೆಯನು6 Rೕಜನ ಬದbUಾ, ಅ ವೃJ^ ೊHಸಲು ಸದK ಾUೆ
ಹೂ9ದb ೈತರುಗಳ ಜ5ೕನು ಅವಶ ಕUಾ,ರುತ ೆ. ಕMಾLಟಕ ನಗ ಾ ವೃJ^ 1ಾ2! ಾರಗಳ ಾob
1987 ರ ಕಲಂ 19(1) ರಂ ೆ JMಾಂಕ: 20.02.2023 ರಂದು ಅಂ=ಮ ಅ!ಸೂಚMೆ )ೊರ9ಸ\ಾ, ೆ.
ಾಮ ಾKಗಳನು6 ಅನು†ಾ‡ನ ೊHಸಲು ƒೆಂಡs ಪ2t2oಯನು6 ಪ•ಣL ೊH:, ಈ ಾಗ\ೇ
JMಾಂಕ: 20.03.2023 ರಂದು ಗು= ೆ ಾರ ೊಂJ ೆ ಕ ಾರು ಪತ2 ೆ 1ಾ2! ಾರವ> ಸN “ಾ9ದುb,
TUೇಶನ ಅ ವೃJ^, ರOೆ ಮತು ಚರಂ9ಗಳ T”ಾLಣವ> ಪ2ಗ=ಯ'(ರುತ ೆ. ಈ ಎ\ಾ( ಅಂಶಗಳನು6
ಗಮನದ'(ಟುE ೊಂಡು ಸಮಗ2Uಾ, ಪK|ೕ’:ದ ನಂತರ,
ನಂತರ ಈ ಾಗ\ೇ ಾಮ ಾKಗಳ ಅನು†ಾ‡ನ
ಆರಂಭUಾ,ರುವ NMೆ6\ೆಯ'(, ಬಹುಜನರ Nತ )ಾಗೂ ಒಡಂಬ9 ೆ ಪತ2 Mೋಂದh
“ಾ9 ೊQEರುವ
ೊQEರುವ iೇಕಡ 90 ರಷುE ಭೂ”ಾ’ೕಕರ Nತದೃ3Eಯನು6 ಗಮನದ'(ಟುE ೊಂಡು
Rೕ :ದ'( ಾUೆ ಹೂ9ದb ಭೂ”ಾ’ೕಕರ ಆŽೇಪ/ೆಗಳನು6 ಪKಗhಸುವ>ದು
ಕಷEOಾಧ Uಾ,ರುತ ೆ.ೆ ಕ ಮಗಳ ರು ನಗರವ> ~ಾಸ, ಸಂOೆ’ಗಳ ಮಧ ಪ2UೇಶJಂದ
ಅ.ಾ”J9″qಾ, )ಾಗೂ ಅಸಮಪLಕUಾ, GೆYೆಯು=ದುb, ಈ ನಗರವನು6 RೕಜMಾಬದ^
RೕಜMಾಬದ^Uಾ,
ಅ ವೃJ^ ೊHಸುವ ದೃ3‡gಂದ )ಾಗೂ ನಗರದ MಾಗKೕಕK ೆ ಸುಸp”ತUಾದ ಮೂಲಭೂತ
OೌಕಯLಗಳMೊ6ಳ ೊಂಡ ಬ.ಾವ/ೆಯನು6 T5Lಸುವ ದೃ¶×gಂದ
gಂದ ಈ RೕಜMೆಯು
ಅTUಾಯLUಾ,ರುತ ೆ.ೆ
::DzÉñÀ::
23
ಈ Cೕಲ ಂಡ ಎ\ಾ( ಅಂಶಗಳನು6 ಗಮನದ'(ಟುE ೊಂಡು ಾUೆ ಹೂ9ದb
ಭೂ”ಾ’ೕಕರುಗಳ; ಸ'(:ದ ಆŽೇಪ/ೆಗಳನು6 ಪKಗhಸಲು Oಾಧ #ಲ(.
ಆಯುಕರು
ಕ ಮಗಳ ರು ನಗ ಾ ವೃJ^ 1ಾ2! ಾರ
ಕ ಮಗಳ ರು.”
(emphasis added)
The objections of the petitioners are turned down. Therefore, the
petitioners for the third time are before this Court in the subject
petition.
9. The fulcrum of the lis revolves round certain provisions
of the Act, which are necessary to be noticed. The acquisition is
for the purpose of the Scheme notified under Section 17 of the
Act. Section 17 reads as follows:
“17. Procedure on completion of scheme. –
(1)When a development scheme has been prepared, the
Authority shall draw up a notification stating the fact of a
scheme having been made and the limits of the area
comprised therein, and naming a place where particulars
of the scheme, a map of the area comprised therein, a
statement specifying the land which is proposed to be
acquired and of the land in regard to which a betterment
tax may be levied may be seen at all reasonable hours.
(2) A copy of the said notification shall be sent to
the local authority, which shall, within thirty days from
the date of receipt thereof, forward to the Authority for
transmission to the Government as hereinafter provided,
24any representation which the local authority may think fit
to make with regard to the scheme.
(3)The Authority shall also cause a copy of the said
notification to be published in two consecutive issues of a
local newspaper having wide circulation in the area and
affixed in some conspicuous part of its own office, the
Deputy Commissioner’s office, the office of the local
authority and in such other places as the Authority may
consider necessary.
(4)If no representation is received from the local
authority within the time specified in sub-section (2), the
concurrence of the local authority to the scheme shall be
deemed to have been given.
(5)During the thirty days next following the
day on which such notification is published in the
local newspapers the Authority shall serve a notice
on every person whose name appears in the
assessment list of the local authority or in the land
revenue register as being primarily liable to pay the
property tax or land revenue assessment on any
building or land which is proposed to be acquired in
executing the scheme or in regard to which the
Authority proposes to recover betterment tax
requiring such person to show cause within thirty
days from the date of the receipt of the notice why
such acquisition of the building or land and the
recovery of betterment tax should not be made.
(6)The notice shall be signed by or by the
order of the Commissioner and shall be served,-
(a)by personal delivery of, if such
person is absent or cannot be found, on his
agent, or if no agent can be found, then by
leaving the same on the land or the building;
or
(b)by leaving the same at the usual or
last known place of abode or business of such
person; or
25
(c)by registered post addressed to the
usual or last known place of abode or
business of such person.”
(emphasis supplied)
Section 17 of the Act deals with procedure for completion of
development of the Scheme. All the necessary procedure is
undoubtedly followed in the case at hand. Section 18 deals with
sanction of the Scheme. It reads as follows:
“18. Sanction of scheme. -(1)After
publication of the scheme and service of
notices as provided in section 17 and after
consideration of representations if any,
received in respect thereof, the Authority
shall submit the scheme making such
modifications, therein as it may think fit to
the Government for sanction, furnishing,-
(a) a description with full particulars of the
scheme including the reasons for any
modifications inserted therein;
(b) complete plans and estimates of the
cost of executing the scheme;
(c) a statement specifying the land
proposed to be acquired;
(d) any representation received under sub-
section (2) of section 17;
(e) a schedule showing the ratable value as
entered in the municipal assessment
book on the date of the publication of a
notification relating to the land under
section 17 or the land assessment of all
land specified in the statement under
clause (c); and
26
(f) such other particulars, if any, as may be
prescribed.
(2)Where any development scheme
provides for the construction of houses, the
Authority shall also submit to the Government
plans and estimate for the construction of the
houses.
(3)After considering the proposal
submitted to it the Government may, by
order, give sanction to the scheme.”
(Emphasis supplied)
Section 35 of the Act deals with Authority to have power to
acquire the land by agreement and reads as follows:
“35. Authority to have power to acquire land
by agreement:
Subject to the provisions of this Act and with
the previous approval of the Government, the
Authority may enter into an agreement with the
owner of any land or any interest therein, situated
within the urban area for the purchase of such
land.”
Section 36 of the Act deals with the provisions applicable to
acquisition of land otherwise than an agreement. It reads as
follows:
36. Provisions applicable to the acquisition of
land otherwise than by agreement. – (1)The Acquisition
of land under this Act otherwise than by agreement within
or without the urban area shall be regulated by the
provisions, so far as they are applicable, of the Right to Fair
27Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013.
(2)For the purpose of sub-section (2) of section 95 of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013, the
Authority shall be deemed to be the local authority
concerned.
(3)After the land vests in the Government under
section 23 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, the Deputy Commissioner shall,
upon payment of the cost of the acquisition, and upon the
Authority agreeing to pay any further cost which may be
incurred on account of the acquisition, transfer the land to
the Authority, and the land shall thereupon vest in the
Authority.”
Section 35 of the Act empowers the Authority with the previous
approval of Government to enter into an agreement with the
owner of any land situated in the urban area for the purchase of
such land and Section 36 of the Act provides that when
agreement is not entered into, the Authority to have a right to
acquire the land in terms of the Land Acquisition, Rehabilitation
and Resettlement Act, 2013.
10. Submissions are made in elaboration of the afore-
quoted provisions. Sub-section (1) of Section 18 of the Act
mandates that after publication of the Scheme and service of
notices, representations if any are received, the Authority shall
consider the representations and make such modification, if it
28
deems fit in the proposal. Sub-section (3) mandates that after
considering the proposal submitted to the Government, the
Government may give sanction. Therefore, consideration of the
representations of the objecting land owners is imperative. The
coordinate bench of this Court had directed consideration of the
representations after granting the objectors personal hearing.
The representation was in great detail. The representation is
made and consideration of which is noted hereinabove. Not a
word of consideration is seen in the impugned order dated 12-
12-2023, which is independently served upon every person. The
order upto the end of the preamble, notices all the earlier
proceedings and 90 per cent of land owners having given their
consent. Except one line indicating that the objections of the
petitioners who have filed writ petitions are rejected, nothing
worth the name is even considered by the Authority.
11. This Court while disposing of the writ petition had
unequivocally directed consideration of the representations of the
petitioners as the acquisition in terms of the Act has to be on
agreement and if not on agreement it has to be under the Land
Acquisition, Rehabilitation and Resettlement Act, 2013. The
29
coordinate bench had further directed that acquisition of the
lands of the petitioners by the final notification to be kept in
abeyance. Consideration by no means is in accordance with law.
Not for nothing the coordinate bench directed consideration of
the representations; and not for nothing the land owners who
would lose their lands have submitted their representations.
12. The 3rd respondent/Authority cannot act in a cavalier
manner and reject the representations without even looking into
them. Therefore, the Authority has to consider now the
representations afresh and pass necessary orders in accordance
with law. The Authority is solely responsible for the matter being
remitted back to it as it has acted contrary to law in not
considering a word of the objections filed by the petitioners.
13. For the aforesaid reasons, the following:
ORDER
(i) Writ Petition is allowed in part.
(ii) The final notification dated 20-02-2023
insofar as it concerns the lands of the present
petitioners, stands in abeyance.
30
(iii) The impugned order dated 12.12.2023,
passed by the 3rd respondent stands
quashed.
(iv) The matter is remitted back to the hands of
the 3rd respondent/Chikamagaluru Urban
Development Authority to consider the
objections afresh and pass necessary orders
in accordance with law and take further
action thereon.
(v) The objections shall merit consideration
within 4 weeks from the date of receipt of a
copy of this order.
(vi) All other contentions shall remain open.
SD/-
(M.NAGAPRASANNA)
JUDGE
nvj
CT:MJ
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