JUDGMENT

SAWANT, J.:- The respondent is a public limited company and owned a total land of 49 acres and 38.25 guntas in Davanagere village. At the relevant time, it had its factory in an area of 13 acres and 32.25 guntas which was converted into non-agricultural land under S. 95(2) of the Karnataka Land Revenue Act ( hereinafter referred to as the Revenue Act ). The remaining land, viz., 36 acres and 6.5 guntas was not converted into non-agricultural land (hereinafter referred to as the disputed land) with the result that for the purposes of the Revenue Act, it continued to be considered as agricultural land.

Improvement Board, Davanagere, sought to acquire land to the extent of 28 acres and 14 guntas from the disputed land for the purpose of Devraj Urs Lay-out. The acquisition proceedings were started under the provisions of Karnataka Improvement Boards Act, 1976. In pursuance of the final notification issued in the year 1977, the possession of the land was taken by the Improvement Board on 9th August, 1978. Since the Land Acquisition Officer did not make the award in respect of the acquired land, the respondent-company approached the High Court for relief by a writ petition in whi