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R. DEVDAS, G. BASAVARAJA
PRINCIPAL SECRETARY TO GOVERNMENT URBAN DEVELOPMENT DEPARTMENT, BENGALURU – Appellant
Versus
MAHAVEER S/O TILOKCHAND OSWAL – Respondent
JUDGMENT :
R. DEVDAS, J.
1. The State through its Principal Secretary, Urban Development Department along with Deputy Commissioner, Vijayapura, have filed this intra Court appeal assailing the impugned order passed by the learned Single Judge in W.P. No. 201785/2023 dated 06.07.2023.
2. The respondents had filed the writ petition aggrieved of the fact that the Vijayapura Urban Development Authority had not acted on the application filed by the writ petitioners seeking approval of a layout plan. The writ petitioners were informed that their lands were included in a scheme proposed by the authority under Notification dated 13.08.2010 notified in the Official Gazette on 26.08.2010. The scheme was announced under Sections 17(1) & 17(3) of the Karnataka Urban Development Authorities Act, 1987 (for short hereinafter referred to as ‘the Act, 1987’). The Urban Development Authority, Vijayapura had proposed the scheme to form a residential layout for the benefit of the general public in terms of Sections 35 and 36 of the Act, 1987. In terms of Section 35, the authority is empowered to enter into an agreement with the owner of any land, with prior approval of the Government which would enable t
The absence of a declaration under Section 19(1) of the Karnataka Urban Development Authorities Act, 1987, results in the lapsing of the scheme, obligating the authority to consider layout plan appli....
Lapsing of Scheme in my considered opinion would invalidate designation of property as a civic amenity and all further actions taken in connection thereto, if Scheme is not implemented in respect of ....
Failure to demonstrate legal possession invalidates land acquisition; lapse of the acquisition scheme confirmed by statutory mandates.
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