Case Note & Summary
The petitioner, Sri Narayanaswamy, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru. He sought a declaration that the designation of his petition schedule property under the Mysore-Nanjangud Local Planning Area-2031 (Master Plan-2031) was deemed to have lapsed by operation of law under Section 69(2) of the Karnataka Town and Country Planning Act, 1961. The petitioner also sought a direction to the respondents to call for records and to declare the lapse. The respondents included the State of Karnataka, the Mysore Urban Development Authority, and the Deputy Commissioner of Mysuru District. The court, presided over by Justice M. Nagaprasanna, examined the petition and the relief sought. The court noted that the petitioner had not provided sufficient evidence to show that the designation of his land was made under the Master Plan-2031 or that the land had not been acquired within five years from the date of such designation. The burden of proof lay on the petitioner to establish these facts, which he failed to discharge. Consequently, the court dismissed the writ petition, holding that the petitioner was not entitled to the declaration sought. The judgment was delivered on 30th September 2021.
Headnote
A) Town Planning - Deemed Lapse of Designation - Section 69(2) Karnataka Town and Country Planning Act, 1961 - Burden of Proof - The petitioner sought a declaration that the designation of his land under the Master Plan-2031 had lapsed under Section 69(2) of the Act. The Court held that the petitioner failed to establish that the designation was made under the Master Plan-2031 or that the land was not acquired within five years from the date of such designation. The petition was dismissed as the petitioner did not discharge the burden of proof. (Paras 1-3)
Issue of Consideration
Whether the designation of the petitioner's land under the Mysore-Nanjangud Local Planning Area-2031 (Master Plan-2031) is deemed to have lapsed by operation of law under Section 69(2) of the Karnataka Town and Country Planning Act, 1961.
Final Decision
The writ petition is dismissed. The petitioner is not entitled to the declaration sought.
Law Points
- Section 69(2) of Karnataka Town and Country Planning Act
- 1961
- Deemed lapse of designation
- Burden of proof on petitioner
- Master Plan-2031
- Land acquisition
Case Details
2021 LawText (KAR) (09) 31
Writ Petition No.7942 of 2021 (LB-RES)
Sri M.S. Bhagwat for petitioner; Sri Nithyananda K.R. for R1; Sri T.P. Vivekananda for R2
The State of Karnataka, Mysore Urban Development Authority, The Deputy Commissioner Mysuru District
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Nature of Litigation
Writ petition seeking declaration of deemed lapse of land designation under Section 69(2) of the Karnataka Town and Country Planning Act, 1961.
Remedy Sought
Petitioner sought declaration that designation of his property under Master Plan-2031 is deemed to have lapsed and direction to respondents to call for records.
Filing Reason
Petitioner claimed that the designation of his land under the Master Plan-2031 had lapsed by operation of law under Section 69(2) of the Act.
Issues
Whether the petitioner has established that the designation of his land was made under the Master Plan-2031?
Whether the petitioner has shown that the land was not acquired within five years from the date of designation, entitling him to a declaration of deemed lapse under Section 69(2) of the Karnataka Town and Country Planning Act, 1961?
Submissions/Arguments
Petitioner argued that the designation of his land under the Master Plan-2031 had lapsed under Section 69(2) of the Act.
Respondents contended that the petitioner failed to prove that the designation was made under the Master Plan-2031 or that the land was not acquired within five years.
Ratio Decidendi
The burden of proof lies on the petitioner to establish that the designation of his land was made under the Master Plan-2031 and that the land was not acquired within five years from the date of such designation. Failure to discharge this burden results in dismissal of the petition.
Judgment Excerpts
The petitioner in this writ petition seeks the following relief: (a) Call for records from the respondents; (b) Declare that the designation of Petition Schedule Property is deemed to have been lapsed, by operation of law under Section 69(2) of the Karnataka Town and Country Planning Act, 1961 under the Mysore-Nanjangud Local Planning Area-2031 (Master Plan-2031) (Annexure-A and A1 respectively), in the interest of justice and equity; (c) Direct the respondents...
Procedural History
The petitioner filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru on an unspecified date. The petition was heard on 30th September 2021 and dismissed on the same day.
Acts & Sections
- Karnataka Town and Country Planning Act, 1961: 69(2)
