MEENAKSHI THIMMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed by the petitioners seeking to quash the preliminary and final acquisition Notifications dated 23.12.1991 and 10.12.1992 respectively issued by the Mysore Urban Development Authority (hereinafter called as 'MUDA') and the State Government represented by its Secretary to the Department of Urban Development respectively by urging various facts and legal contentions and prayed to allow the writ petitions by granting the reliefs as prayed therein.

(2.) The prayer in the above writ petitions are heard together and disposed of the same by passing common order as the acquisition Notifications are same and grounds urged also are same but the lands of the petitioners which are acquired by the State Government in favour of MUDA for the purpose of forming a residential layout by implementing the town planning scheme under the Karnataka Town and Country Planning Act, 1961, (hereinafter called as KT & CP Act) are different.

(3.) Certain relevant brief facts are stated for the purpose of appreciating the rival legal contentions urged on behalf of the parties. In W.P.Nos. 12626-31 /2003, the petitioners are claiming that they are the owners of the land bearing Sy.Nos.122/1 and 123/2, measuring 2 acres 34 guntas, 1 acre 16 guntas respectively, Sy. No.22/2A, measuring 38 guntas, Sy.Nos.4/3 and 22/1, measuring 1 acre 13 guntas and 2 acres 33 guntas respectively, Sy.No.4/2A, measuring 2 acres 12 guntas and Sy.No.54 measuring 21 guntas of land. The petitioner in the connected writ petition in W.P.No.7287/2005 claims that he is the owner of the land bearing Sy. No. 122/2 measuring 1 acre 10 guntas situate at Bassavanahalli Village, Kasaba Hobli, Mysore Taluk and District.