H BASAVE GOWDA Vs. MYSORE URBAN DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) HIS appeal is filed by the unsuccessful petitioners in W.P. No.6461/ 2005 wherein the learned single Judge, following the judgment passed by tHIS Court in 16054/2004 has dismissed the petition holding that there is substantial compliance of the scheme and declining to grant prayer of the petitioners.

(2.) W.P. No.6461/2005 was filed by the owners of land measuring 11 acres out of 1005 acres in Basavanahalli village, Mysore Taluk which was acquired for the purpose of forming a layout in Vijayanagar IV Stage, 2nd Phase, Mysore. Preliminary notification was issued on 23-12-1991 and final notification was issued on 10-12-1992. The said acquisition proceedings were challenged by various owners of the lands and it was contended by the petitioners that since there is no substantial compliance with the scheme within five years from the date of final notification, scheme has lapsed under Section 27 of the Karnataka Urban Development Authorities Act (hereinafter called the 'Act').

(3.) WE have heard the learned counsel appearing for the appellants and learned counsel appearing for the respondents.