The petitioner has challenged the order passed by the 1st

respondent

declaring

the

property

bearing

Sy.No.283/1A

measuring 1 acre 6 guntas and Sy.No.283/2 measuring 4 acres

13 guntas both situated at Hinkal Village, Mysuru partly

designated as park and road in the Revised Master Plan-II (for

short `RMP-II') which was published on 12.1.2016.

2.

The

petitioner's

grievance

is

that

the

RMP-II

designating the lands in question partly as park and road in the

RMP-II was without complying with Sections 9 to 11 of Karnataka

Town and Country Planning Act, 1961 (for short `KT & CP Act').

However, a perusal of the records submitted by the learned

counsel for the respondents indicates that the procedure

prescribed under Sections 9 to 11 of the KT & CP Act has been

3

complied with before designating the portion of lands in question

as park and road in RMP-II. Hence, the challenge to the said

order is not sustainable in law.

3.

The RMP-II was published in the year 2016. The

Planning Authority was required to acquire the portion of the

lands in question designated as park within five years from the

date of publication of the Master Plan failing which the

designation automatically lapses by operation of Section 69(2) of

the KT & CP Act.

4.

The respondents having not acquired the portion of

the lands in question designated as park, the said designation

has lapsed by operation of Section 69(2) of the KT & CP Act.

5.

Liberty is reserved with the petitioner to submit an

application afresh for sanctioning of the layout in the lands in

question under Section 32 of the Karnataka Urban Development

Authorities Act, 1987. If such an application is submitted, the

2nd respondent to consider the said application and pass

appropriate order in accordance with law within three months

from the date of the said application to be submitted by the

petitioner.

4

With the above observation, the writ petition stands

disposed of.

Sd/-

JUDGE

BKM