M. CHANNARAJE URS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The legality and correctness of the order passed by a learned Single Judge in WP Nos 30059-61 of 2001 connected with WP No 14086 of 2001 dated 18-2-2003 is called in question in WA No 3598 of 2003.

(2.) The appellants are the owners of agricultural lands in all measuring 32 acres 11 guntas comprised in Sy Nos 152A, 153, 54/A, 157/A and 158 of Nachanahalli village, Mysore taluk, each survey numbers are measuring different extents. For the formation of a residential layout by the second respondent Mysore Urban Development Authority [MUDA, for short], a notification under Section 17(1) of the Karnataka Urban Development Authorities Act, 1987 [for short, the Act] was published on 8-1-1992 and the scheme was approved by the government of Karnataka on 18-8-1992. The final notification came to be issued on 9-3-1998. Challenging the legality and correctness of the final notification issued by the respondents, WP No 14086 of 2001 came to be filed.

(3.) The main contention urged by the appellants-writ petitioners before the learned Single Judge was that there is a delay of six years in issuing the final notification from the date of preliminary notification. The learned Single Judge dismissed the writ petition, on the ground that there is no delay in issuing the final notification, by accepting the cause shown by MUDA. The learned Single Judge held that the writ petitioners have not approached the court within a reasonable time from the date of issuance of final notification. According to the learned Single Judge, the final notification was published on 9-3-1998 and the writ petition came to be filed in 2001 and therefore they have not approached this court within a reasonable time and on this ground, the writ petition came to be dismissed. Challenging this order of the learned Single Judge, the present appeal is filed.