B.S. NAGENDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have assailed the Resolution of respondent 3-Mysuru Urban Development Authority dated 12-3-2013 insofar as it relates to item No. 1277 as well as the Notification issued by the respondent 1 dated 1-8-2012 inter alia seeking a direction to the respondents to include the extent of 150 acres owned by the petitioners in various survey numbers as per Annexures-H and J situated in Ilwala Village, Ilwala Hobli, Mysuru Taluk in "RESIDENTIAL ZONE" in the Final Master Plan for Mysuru-Nanjangud Local Planning Area 2031 and further a direction to the respondents to implement and comply with the undertaking given to this Court in W.P. No. 3385/2008, dated 22-7-2010 at Annexure-L and include the extent of 150 acres (owned by the petitioners) in various survey numbers as claimed.

(2.) The petitioners are claiming to be the absolute owners of certain lands situated in Ilwala Village, Ilwala Hobli, Mysuru Taluk in several survey numbers totally measuring 150 acres including an extent of 17 acres 19 guntas in certain survey numbers which have been converted for non-agricultural residential purposes and the layout plan has also been approved by the Mysuru Urban Development Authority (for short 'MUDA').

(3.) It is the contention of the petitioners that the State Government issued a Preliminary Notification under Section 28(1) of the Karnataka Industrial Areas Development Act, 1966 (for short 'KIAD Act') proposing to acquire 441.06 acres of land for formation of Industrial Layout by the Karnataka Industrial Areas Development Board (for short 'KIADB') in Ilawala and Mydnahalli Villages of Mysuru Taluk vide Notification dated 6-10-2006. Subsequently, the Government took a decision to delete an extent of 90.29 acres of various survey numbers in Ilwala village from acquisition in favour of the Society subject to the condition that the said area should be developed as a residential layout. The KIADB in turn, pursuant to the direction issued by the Government, also issued an endorsement to the Society stating that the said extent of land measuring 90.29 acres in various survey numbers of Ilwala Village have been deleted from acquisition. However, the said endorsement was subject to the condition that the lands shall be converted for residential purposes after obtaining permission from the Competent Authority and obtaining sanction plan for residential layout from MUDA.