1. In these writ petitions, the petitioners are essentially challenging the acquisition of lands for the benefit of the respondent-society by assailing the preliminary notification dated 22.12.1984/3.1.1985, published in the Karnataka Gazette on 4.1.1985 and final notification dated 21.2.1986, published in the gazette on 24.2.1986, issued by the State Government under Section 4(1) and 6(1) of the Land Acquisition Act, 1894, (hereinafter referred to as the ‘Act’).

2. In W.P.No.41876/04, the petitioner has challenged the approval of the layout plan granted by the second respondent-Bangalore Development Authority (hereinafter referred to as ‘BDA’). A declaration is also sought that the acquisition is vitiated on account of colourable exercise of power and the same is not for a bonafide purpose and a prayer for quashing the absolute sale deeds dated 3.12.2003, 4.12.2003 and 19.3.2004 which are produced as Annexure-X, Y & Z respectively.

3. W.P.No.25394/04 is filed seeking quashing of the resolution No.156/2003 dated 12.9.2003 Annexure-J passed by the second respondent approving the layout plan in respect of the respondent-society insofar it relates to property bearing No.77/3 measuring 3 acres situated at Nagawara Village. The prayers sought are similar to the other writ petitions and the only difference is with regard to challenge made to absolute sale deed dated 4.12.2003 Annexure-Y. As already stated since the grievance of the petitioners is with regard to the acquisition made by the State Government for the benefit of the respondent-society insofar as their respective lands are concerned, by the issuance of the notifications referred to supra, these writ petitions were heard together and are disposed of by this order.

4. The petitioners in W.P.Nos.11910-914/09 have stated that they are the owners of land bearing Nos.33/1, 33/5 and 33/6 of Nagawara Village, Bangalore North Taluk and they acquired the said lands by virtue of an order passed by the Land Tribunal in the name of their predecessor late D.Ramaiah and Raja alias Rajanna insofar as Sy.Nos.31/1 and 35/5 are concerned. With regard to land bearing Sy.No.35/6, the petitioners contend that Doddaiah was the propositus and 37 guntas of land was bequeathed by a registered will dated 30.8.1959 in favour of his three sons viz., Annayappa Urf Muddaiah, D.Ramaiah and Muniswamappa and petitioners are the legal representatives of D.Ramaiah representing the branch of Annayappa and Muniswamappa since they are the joint owners of the said property. The petitioners have stated that since survey numbers have been the subject matter of acquisition under the notifications, they have challenged the same by placing reliance on the decision of this court in the case of Narayana Reddy V/s. State of Karnataka (ILR 1991 Kar.2248) (Narayan Reddy’s case) and the decision of the Apex Court in the case of HMT House Building Co-operative Society V/s. Syed Khader (ILR 1995 KAR.1962) (H.M.T case) and also the decision of the Apex Court in the case of Vyalikaval House Building Co-operative Society, Bangalore, V/s. V. Chandrappa (2007 AIR SCW 1164) (Chandrappa’s case) and various orders passed by this court as well as by the Apex Court in the case of Smt. Puttamma, Sri. N. Shantharaju & others, and Sri. H. Narayanappa, insofar as the acquisition with regard to the lands at Nagawara Village by the very same notifications by which the petitioners lands have also been acquired. The petitioners have contended that insofar as their lands are concerned, they were not aware of the acquisition proceedings and were not notified. That it is only when the some of the officials of the society and the villagers came near their lands that they became aware of the fact that acquisition has been initiated insofar as their lands are concerned and hence, they have filed these writ petitions assailing the acquisition. In para 16 of the writ petition, the petitioners have stated that they are in possession and e