JUDGMENT :

In this intra court appeal under Section 4 of the Karnataka High Court Act, 1961 the appellant (hereinafter referred to as 'the Society' for short) has assailed the validity of the order dated 14.12.2010 passed by the learned Single Judge, by which writ petition preferred by the Society in which challenge was made to Notification dated 01.09.2010 issued under Section 48(1) of the Land Acquisition Act, 1864 (hereinafter referred to as 'the Act' for short) in respect of land measuring 1 acre and 22 guntas of Sy.No.20/10A. IN order to appreciate the appellant's challenge to the impugned order, relevant facts need mention, which are stated infra.

2. The Society is a housing co-operative society, which has been formed by Indian Telephone Industries. The object of the society is to form layout of residential sites for the benefit of its members. The society made a representation to Government of Karnataka to allot the land for forming the residential layout. A proceeding under the Act were set in motion and a Notification under Section 4(1) of the Act was issued on 28.01.2015 in respect of land measuring 57 acres of different survey numbers of Yellakunte Village, Begur Hobli, Bangalore South Taluk. The subject matter of this appeal is land bearing Sy.No.20/10A measuring 1 acre and 20 guntas of the aforesaid village. Thereafter, a declaration under Section 6(1) of the Act was issued on 24.01.1986 and an award was passed on 24.08.1987, which was followed by a Notification under Section 16(2) of the Act in respect of land bearing Sy.No.20/10A and 20/10B issued on 26.07.1988.

3. After passing of the award on 09.06.1988 as well as issuance of Notification under Section 16(2) of the Act on 26.07.1988 after a period of 7 years, admittedly, the original owners of the land sold the lands in question vide registered sale deeds dated 07.03.1995. Thereafter a Notification in respect of land bearing Sy.No.20/10A was issued on 18.01.2000. The purchaser of the land had filed a writ petition viz., W.P.No.2503-2511/2003 in which prayer was made to restrain the State Government as well as the society from interfering with the possession with their land. The aforesaid writ petition was dismissed by learned Single Judge by order dated 28.02.2003 which was affirmed by division bench of this court vide order dated 23.06.2003. Thereafter, the State Government directed the Land Acquisition Officer by a communication dated 31.03.2004 to hand over possession to the society. On 08.07.2004, the Land Acquisition Officer handed over the possession of land in question to the society. The aforesaid order was subject matter of challenge in W.P.No.17495-498/2004 in which quashment of communication dated 31.03.2004 was sought.

4. In the said writ petition, the State Government filed the statement of objections, in which in para 4 it was pleaded that possession of land in question was taken on 15.06.1988 and 29.12.1999 and Notification under Section 16(2) of the Act has been issued on 11.08.1988 and 03.02.2000 and which has been published in the gazette. The aforesaid writ petitions were withdrawn by the owners of the land as well as the subsequent purchaser on the ground that by a Notification dated 01.09.2010, land measuring 1 acre and 22 guntas has been denotified in exercise of powers under Section 48(1) of the Act. The Society thereupon challenged the aforesaid Notification in a writ petition before the learned Single Judge. The learned Single Judge by an order dated 04.12.2010 has dismissed the writ petition preferred by the Society. In the aforesaid factual background, this appeal has been filed.

5. Learned counsel for the Society submitted that a Notification under Section 16(2) of the Act was issued on 18.01.2000 and the land had vested in the State Government free from all encumbrances and therefore, the finding recorded by learned Single Judge that respondents are in possession is perverse. It is further submitted that the power under Section 48(1) of