C 4247 , 2018 (4 ) AKR 535 , 2018 5 AWC5001 SC , 2019 (2 )CivilCC(S.C. ), 2018 INSC 798 , 2019 (1 )J.L.J.R.4 , 2019 (1 )PLJR236 , 2018 (11 )SCALE20 , (2018 )17 SCC508 , 2019 (2 ) SCJ 273 , [2018 ]11 SCR141 , (2018 )5 WBLR(SC )1 , ,MANU/SC/0951/2018
Abhay Manohar Sapre#S. Abdul Nazeer#21SC3010Judgment/OrderAIC#AIR#AKR#AWC#CivilCC#INSC#JLJR#MANU#PLJR#SCALE#SCC#SCJ#SCR#WBLRAbhay Manohar Sapre,SUPREME COURT OF INDIA2018-9-1138890,38888,38889,38891,2150,2157,38892,17060 -->
MANU/SC/0951/2018
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 9182-9188 of 2018 (Arising out of SLP (C) Nos. 24560-24566 of 2018), (D. No. 31403 of 2017), Civil Appeal Nos. 9190-9191 of 2018 (Arising out of SLP (C) Nos. 24569-24570 of 2018) and (D. No. 30522 of 2017)
Decided On: 07.09.2018
Appellants: Mysore Urban Development Authority Vs. Respondent: K.M. Chikkathayamma and Ors.
Hon'ble Judges/Coram:
Abhay Manohar Sapre and S. Abdul Nazeer JUDGMENT
Abhay Manohar Sapre, J.
1. S.L.P. (C) No. ..........(D. No. 31403 of 2017) are directed against the final judgment and order dated 09.11.2016 passed by the High Court of Karnataka at Bengaluru in W.A. Nos. 899/2016 and 982-987 of 2016 whereby the High Court dismissed the appeals filed by the Appellant herein and, in consequence, upheld the judgment dated 10.03.2016 of the Single Judge in W.P. Nos. 38868-38874/2015 which had allowed the writ petitions filed by the Respondents herein.
2. So far as S.L.P.(C) No........ (D. No. 30522/2017) are concerned, these are] directed against the final judgment and order dated 20.10.2016 passed by the Division Bench of the High Court of Karnataka in W.A. Nos. 6829-6830 of 2013 which arise out of the order dated 10.10.2013 of the Single Judge passed in writ petition Nos. 27994/2001 and 18756/2001.
3. Leave granted.
4. In order to appreciate the issues involved in these appeals, few relevant facts need mention infra.
5. The Appellant-Mysore Urban Development Authority (hereinafter referred to as "MUDA") was the Respondent whereas the Respondents herein were the writ Petitioners before the High Court.
6. In exercise of the powers conferred Under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as "The Karnataka Act"), the MUDA issued a notification No. LAQ 66/91-91 dated 19.12.1991 on completion of one development scheme prepared Under Section 15/16 of the Karnataka Act.
7. By this notification, the MUDA proposed to acquire the large area of the land along with other adjoining lands situated in Dattagalli village (Karnataka). The notification was published in the official State gazette on 26.12.1991. The State Government vide its order dated 27.01.1992 approved the scheme framed by the MUDA Under Section 18(3) of the Karnataka Act and issued final notification No. VaNaE 833 MIB 92 on 10.12.1992 mentioning therein that the lands in question are needed for public purpose, viz., "formation of Dattagalli extension". This was followed by an award passed by the Special Land Acquisition Officer (SLAO) on 27.01.1994 wherein he determined the compensation payable to the landowners. This was followed by issuance of notices to the land owners Under Section