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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. NATARAJ
H.K. Sripada Shankar – Appellant
Versus
Commissioner Mysore Urban Development Authority – Respondent
ORDER :
R. NATARAJ, J.
2. All the petitioners claim that they were allotted shops by the Mysuru Urban Development Authority (henceforth referred to as 'Authority') and that they are conducting business in the shops so allotted. They claimed that the Commissioner had cancelled the lease of the shops, which was challenged by some of the petitioners in W.P.Nos.4952- 53/2001, W.P.No.7458/2001, W.P.No.5407/2001 and W.P.No.5422/2001 and this Court in terms of the orders dated 12.02.2001 and 30.03.2001 allowed the writ petitions and quashed the cancellation orders and directed the objections of the petitioners to be considered. Later, the Commissioner issued notices calling upon the petitioners to file their objections as to why they should not be evicted from the premises. The petitioners filed objections contending that the Commissioner has no authority to evict them without following due process
Proper notice is essential before eviction can occur under the Karnataka Public Premises Act, and established rights of occupants cannot be disregarded without procedural fairness.
The central legal point established is the determination of the applicability of the U.P. Public Premises Act and the UPZA&LR Act to the disputed land, based on their definitions and relevant notific....
The authority to cancel a lease lies solely with the government, and any cancellation must adhere to principles of natural justice, including providing the lessee an opportunity to be heard.
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