MYSORE URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONER versus VEER KUMAR JAIN & ORS.

MYSORE URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONER versus VEER KUMAR JAIN & ORS.

Both notifications dated 22.7.2002 and 15.9.2001 are invalid for violation of principles of natural justice; neither affected party was heard before their issuance. Interests of justice warrant quashing both notifications and directing fresh consideration after hearing all affected parties.

Parties
Appellant: Mysore Urban Development Authority by its Commissioner; Respondent: Veer Kumar Jain & Ors.
Jurisdiction
India
Judgment Date
01 April 2010
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order Dated 4.12.2007 of High Court of Karnataka in W.a. No. 1995 of 2007
Outcome
Appeal allowed; High Court orders modified.
Legal Topics
Withdrawal of Acquisition, Natural Justice, Urban Development Authorities
Land Acquisition Administrative Law Withdrawal of Acquisition Natural Justice Urban Development Authorities

Case Brief

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Parties

Mysore Urban Development Authority by its Commissioner

Appellant

Veer Kumar Jain & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order Dated 4.12.2007 of High Court of Karnataka in W.a. No. 1995 of 2007

Legal Issues

  1. 1 Validity of withdrawal notification dated 22.7.2002
  2. 2 Opportunity of hearing in notification withdrawing from acquisition
  3. 3 Whether order dated 15.9.2001 under Section 48(1) LA Act was void for lack of natural justice

Ratio Decidendi

Both notifications dated 22.7.2002 and 15.9.2001 are invalid for violation of principles of natural justice; neither affected party was heard before their issuance. Interests of justice warrant quashing both notifications and directing fresh consideration after hearing all affected parties.

Court Disposition

Appeal allowed; High Court orders modified.

Orders

  • Notifications dated 22.7.2002 and 15.9.2001 quashed.
  • State Government directed to consider land owners' request for withdrawal from acquisition afresh, after giving due hearing to land owners (including purchaser) and MUDA, and decide as per law.