Nagarathna, J.

1. These appeals arise out of two different orders passed by two learned Single Judges in separate writ petitions.

2. Since the writ petitioners in both the cases assailed the acquisition of land made for the benefit of Karnataka House Building Co-operative Society, also known as Karnataka Gruha Nirmana Sahakara Sangha (hereinafter, referred to as the "Society", for the sake of convenience), these appeals have been heard together.

3. Interestingly, while W.P.No.10843/2008 was dismissed on 23/06/2010, on the ground of delay and laches, W.P.No.9412/2007 was allowed by an order dated 22/02/2011 and the entire acquisition has been quashed. It is under these circumstances that the petitioners in W.P.No.10843/2008 and the respondent - Society in W.P.No.9412/2007 have assailed the respective orders of the learned Single Judges.

4. The petitioners in W.P.No.9412/2007 were 16 in number but the Society entered into a compromise with certain petitioners and therefore, only Petitioner Nos.2, 10, 13 and 16 continued to prosecute the writ petition. The 2nd petitioner claims interest in 27 Guntas of land in Sy.No.107; 10th petitioner, since deceased by his L.Rs, claim interest in 1 Acre 32 Guntas in Sy.No.108/1; 13th petitioner in respect of 30 Guntas of land in Sy.No.115 and 16th petitioner with regard to an extent of 38 Acres in Sy.No.100. All these lands are situated in Nelakadaranahalli village, Yeshwantpuram Hobli, Bangalore North Taluk, Bangalore.

5. The petitioners in W.P.No.10843/2008 claimed to be the owners of 39 guntas of land each in Sy.No.136 of Laggere Village, Yeshwanthpura Hobli, Bangalore North Taluk. In the writ petition filed by them, they sought a direction to the respondents to submit the action taken on the finding given on recommendations of the G.V.K. Rao's Report made under Section 64 of the Karnataka Co-Operative Societies Act, 1959. In fact, the petitioners did not challenge the acquisition. However, they sought for dropping of all acquisition proceedings initiated for the benefit of the society.

6. The State Government by Preliminary Notification dated 22/11/1988 followed by a declaration/Final Notification dated 04/12/1989 issued under Section 4 and 6 respectively of the Land Acquisition Act 1894, (hereinafter referred to as the 'Act' for the sake of brevity) intended to acquire various extents of land for the benefit of the society in question, for the purpose of formation of house sites in favour of its members in Nelakadarenahalli, J.B. Kaval and Laggere villages in Bangalore North Taluk. The Notifications culminated in the passing of awards - both consent as well as General - in the year 1990, in respect of the notified lands. The petitioners were notified and had filed objections. They were also served with award notices after the passing of the award. However, it is only in the years 2007-2008 that the writ petitions were filed assailing the acquisition proceedings in respect of the aforesaid lands.

7. As already mentioned, while W.P.No.10843/2008 was dismissed on the ground of delay and laches, W.P.No.9412/2007 was allowed in entirety, which has had the effect of quashing the entire acquisition proceedings. Therefore, these appeals have been preferred and have been heard together.

8. We have heard the learned counsel for the parties.

9. Learned counsel for the appellants in W.A.Nos.1944- 46/2011 has contended that the writ petition could not have been dismissed on the ground of delay and laches having regard to the fact that the entire acquisition proceedings was fraudulent and patently illegal and when the aspect of fraud is brought to the notice of a Court of law, delay would not be a reason to eschew consideration the issue of fraud; that fraud unravels everything and that no Court can infact give its imprimatur on fraudulent acquisition proceedings.

10. In support of his submissions, he has placed reliance on Vyalikaval House Building Co-operative Society v. Chandrappa and others [2007 AIR