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 (herein after 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 connect 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.

4. The MUDA had proposed to acquire 1075 acres 10 guntas comprising various lands including the lands referred to supra for formation of Vijayanagar IV Stage Layout, under a scheme formed under Section 17 of the Karnataka Urban Development Authorities Act, 1987 (hereinafter referred to as the ‘Act’ for short).

5. The case of the petitioners is that MUDA issued the preliminary notification under Section 17(1) of the Act on 23.12.1991 calling upon the land owners to file objections within 30 days from the date of publication of the said notification in the official gazette which was gazetted on 02.01.1992. It is the further case of the petitioners that they have filed objection statements stating that the lands proposed to be acquired have been developed into garden lands and the same are not feasible to form a residential layout. It is their case that the MUDA without considering the objections filed by them, got issued the final notification under Section 19(1) of the Act, and acquired their lands without obtaining prior sanction from the first respondent as required under Section 18 (3) of the Act. It is their case that the said notifications were challenged by some of the land owners by filing writ petitions before this Court in W.P.No.39705/92, 1564/93, 32283/93, 7948/94 and 29211/94 urging various grounds. The said writ petitions were allowed by this Court vide its order dated 24.08.1998 and quashed the final notification holding that it was issued by the first respondent without sanction as provided under Section 18(3) of the Act and with a direction to the owners therein to file objections if any within 30 days from that date. If such objections are filed, the authorities shall consider the same as provide under Section 18 of the Act and submitted the same to the Government of sanction of the housing scheme. It is stated by the learned counsel for the petitioners that the said order has become final.

6. It is the further case of the petitioners that the lands in question are garden lands. The State Government issued circular dated 29.01.1998 with reference to Sections 17 and 15 of the Act for implementation of the plans by the Development Authorities in the Karnataka State. The Development authorities have to take prior approval as required un