ORDER :

1. The petitioners are the owners of land in Sy.Nos.232, 233, 229/A, 235/A, 235/B, and 224/1 of Madhuvanahalli village, Palya Hobli, Kollegal Taluk, Chamarajanagar District [for easy reference, these lands are hereafter together referred to as the 'subject properties'], and the petitioners have impugned the notification dated 05.04.2021 [Annexure-H] issued under the provisions of Section 15 of the KARNATAKA STATE HIGHWAYS ACT , 1964 [for short, 'the Highways Act'] insofar as the subject properties.

2. The circumstances preceding the issuance of the impugned notification dated 05.04.2021 are that on 07.06.2017, the second respondent has issued a public notification stating that the Government has accorded its approval for purchase of lands required for the purposes of developing State Highway No. 79 [between Kollegal and Hanur] over a distance of 23.800 kms under KSHIP-3 Project Package - 1A and the lands mentioned in the schedule appended to the public notification would be necessary for such purpose. The subject properties are mentioned in this public notification.

3. Thereafter, the petitioners are issued with the notice dated 09.06.2017 informing that the necessary proceedings will be conducted on 22.06.2017 at 10am in the morning to ascertain the extents as also the owner of the lands abutting the State Highway and that there is necessary approval for compulsory acquisition of the lands for the aforesaid purpose under Section 15 of the Highways Act. Admittedly, this notice, though dated 09.06.2017, is served on the petitioners' representatives only on 22.06.2017 at 6.50 pm.

4. On 09.11.2017, a public meeting is held under the chairmanship of the Deputy Commissioner, Chamarajanagar District for fixing the price in the event there is a voluntary sale of the land required for the purposes of the project. The proceedings recorded the details of participation, and for the present purposes the following two paragraphs would be crucial inasmuch as there is reference to the measures taken to identify the lands that are required for acquisition and the participation by the power of attorney of the first to forth petitioners:

After this meeting, the impugned notification dated 05.04.2021 is issued under Section 15 of the Highways Act. In the meanwhile, on behalf of the petitioners, an application is also filed for changing the pathway of the proposed bypass as part of the development of the aforesaid State Highway between Kollegal to Hanur. The development of the road, including the construction of a substantial part of the bypass, is almost complete (1).

(1) A google image is produced, and it is referred to in the course of this order.

5. Sri Onkara K.B., learned counsel for the petitioners urges three grounds in support of the petitioners' challenge to the acquisition proceedings and these three grounds are as follows:

5.1 The acquisition under Section 15 of the Highways Act must necessarily be preceded by a survey as contemplated under Section 14 . The notice dated 09.06.2017 purportedly under Section 16 of the Highways Act is issued to the petitioners informing them that the necessary proceedings for identification and demarcation would be held on 22.06.2017 at 11.00 am. The petitioners are served with the notice on the same day [22.06.2017] but after sunset at 6.50pm. The provisions of Section 14 of the Highways Act are mandatory, and because it cannot be disputed that these mandatory provisions have not been c