ORDER :

1. Leave granted.

2. This is an appeal for setting aside the judgment of the Division Bench of Patna High Court whereby the appeal filed by the respondents was allowed and the order passed by the learned Single Judge quashing the acquisition of the appellant's land was set aside.

3. In furtherance of order dated 01.02.1976 issued by the State Government under Section 35 of the Land Acquisition Act, 1894, the possession of 2.66 acres land belonging to the appellant was taken and handed over to the Advance Planning and Investigating Division for the temporary use of Sone Embankment Division.

4. Although, in terms of Section 35, the maximum period for which temporary occupation of the land was three years but without passing any fresh order under Section 35 of the Act, the State Government continued to occupy the appellant's land.

5. CWJC No.10621 of 1992 filed by the appellant for issue of a mandamus to the respondents to vacate the land and hand over possession thereof to him was allowed by the Division Bench of the High Court vide order dated 27.08.1993. In that order, the total area of land is mentioned as 2.82 acres.

6. Civil Appeal No.1689 of 1994 filed by the respondents was