Raju, J. -
(1.)Special leave granted.
(2.)This appeal has been filed against the judgment dated 2-3-2000 of a Division Bench of the Karnataka High Court in Writ Petition No. 2083 of 1996, wherein the relief sought in the nature of a writ of certiorari to quash the entire acquisition proceedings pertaining to Survey No. 81/6 in Agrahara Dasarahalli Village, Yeswanthapura Hobli, Bangalore North Taluk, and the Award said to have been passed by the Special Land Acquisition Officer, Bangalore Development Authority, on 22-2-1995, came to be rejected on the ground that the matter is covered against the appellant by an earlier Division Bench Judgment reported in Khoday Distilleries Limited vs. State of Karnataka (ILR 1997 Kant 1419). For appreciating the points raised as well as the grievance sought to be made out, it would be necessary to advert to certain salient factual details pertaining to the matter.
(3.)The appellant claims to be the owner in possession of the land comprised in Survey No. 81/6, Agrahara Dasarahalli Village, Yeswanthapur Hobli, Bangalore North Taluk. Permission was said to have been obtained by the appellant on 2-8-1969 from the Deputy Commissioner, Bangalore, sanctioning conversion of one acre 16 guntas in the said Survey number into non-agricultural use, leaving the remaining 20 guntas as 'Kharab' land. The permission was subject to certain conditions, which, among other things, included compliance with the formalities prescribed by and obligations to the City Improvement Trust Board or need to secure the approval for the layout and building plans from the said Board and obtaining of necessary licences, etc. from the competent authority before the commencement of any construction work on the said land. The appellant also claims to have substantially commenced construction. While the matter stood thus, a preliminary Notification was said to have been published in the Official Gazette dated 25-7-1974 proposing the acquisition of the land belonging to the appellant in Survey No. 81/6 along with some other lands in Survey Nos. 81/1, 81/2, 81/3, 81/4 and 81/5 for the formation of a layout known as the "West of Chord Road-IV Stage". The appellant claims to have filed objections, among other things, stating that already a proposal dated 12-8-1974 for formation of a private layout under Section 25 of the City Improvement Trust Board Act was submitted by him and the same was pending with the CIT Board. Once again, the appellant claims that the portions of the land were sold to various purchasers and buildings were put up leaving no vacant land for formation of any site in Survey No. 81/2 and only 27 guntas of land in Survey No. 81/2 was used by the owners of the buildings in the area as Kacha Road.