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2022 DIGILAW 1248 (KAR)

Nalini K. v. Commissioner Of Mysore Urban Development Authority

2022-09-21

E.S.INDIRESH

body2022
JUDGMENT 1. Heard the learned counsel appearing for the parties. 2. Brief facts are that, petitioner claims to be the owner of the land bearing Survey No.179 of Nachanahalli Village, Mysore Taluk, measuring to an extent of 11 guntas and the said land has been utilized by the respondent-authorities for the purpose of formation of residential layout and in this Regard, the respondent-authorities have issued a letter dtd. 4/1/2019 as per Annexure-B to the writ petition. The grievance of the petitioner herein that though there are no acquisition proceedings have been initiated to acquire the land to an extent of 11 guntas in Survey No.179 of Nachanahalli Village, Mysuru Taluk, however, the respondent-Mysore Urban Development Authority (MUDA) has utilized the same for the purpose of formation of residential layout. Accordingly, the claim of the petitioner that, he is entitled for alternative land or compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Hence petitioner has made representation dtd. 3/1/2020 to the respondent-authorities to allot alternative land inter-alia seeking compensation under the said Act, 2013. The said representation has not been considered by the respondent-authorities. In that view of the matter, having taken note of the arguments advanced by the learned counsel appearing for the parties, respondent No.3- Mysore Urban Development Authority is directed the consider the representation dtd. 3/1/2020 made by the petitioner in accordance with law, since the land belonging to the petitioner has been utilized without their being any acquisition proceedings, which amounts to curtailment of Article 300A of the Constitution of India. In that view of the matter, respondent-authorities are directed to consider the same and convey the out come of the same to the petitioner within eight weeks from the date of receipt of certified copy of this order. It is also made clear that this court has not expressed any opinion on the merit of the case. Accordingly, the writ petition is disposed of.