Authority Can't Decline Landowners' Plea For Layout Plan Approval Unless Acquisition Notification Is Published For Scheme Formation: Karnataka HC
5 days, 4 hours ago

Authority Can't Decline Landowners' Plea For Layout Plan Approval Unless Acquisition Notification Is Published For Scheme Formation: Karnataka HC

Live Law  

The Karnataka High Court has said that an urban development authority would have the right to decline a plea for approval of layout plan of land, only if a notification is duly published as per law for acquisition of the lands for formation of a scheme or a layout. A division bench of Justice R Devdas and Justice G Basavaraja held thus while dismissing an appeal by the State government challenging an order of the single judge which allowed the petition filed by Mahaveer Oswal and others and which had directed the Vijayapura Urban Development Authority, to consider seeking approval of a layout plan. 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 the authority to allot developed sites to the owner of the land in lieu of compensation determined in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act as could be found in Rule 3 of the Karnataka Urban Development Authorities Rules. Such declaration not having been issued by the State Government in terms of Section 19 of the Act, 1987, this Court should hold that nothing else has happened at the hands of Vijayapura Urban Development Authority and the State Government, other than publishing a notification under Sections 17 and 17 of the Act, 1987.” Thus it held “The learned Single Judge is right while holding that the scheme has lapsed, since admittedly the notification under Sections 17 and 17 of the Act, 1987 was issued on 13.08.2010 and gazetted on 26.08.2010, and nearly 14 years have elapsed pursuant to the said notification.” The court opined that it is by now well settled that though right to property is not a fundamental right, nevertheless, it continues to be a constitutional right arising out of Article 300A of the Constitution.

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