Krishnamoorthy, J.

Petitioner in O.P.No. 3931 of 1985 is the appellant. . 1.94 acres of land in Sy.No.299/12A&B of Alwaye Village was acquired in 1952 under the Land Acquisition Act from the 4th respondent, for the purpose of National Highway. The National Highway was constructed in 1954 and only about 1 acre of land was utilised for the construction. Petitioner alleges that he is the owner of the eastern property and accordingly he applied for assignment of the unutilized land. Thereupon, out of the balance area available, under Ext.P1 dated 10-7-1962 50 cents of land was given on kuthakapattom to the petitioner for a period of 12 years, with a condition that if Government required the land for any other purposes, it should be surrendered. While so, petitioner filed an application Ext.P8 dated 21-12-1979 before the Advisor to the then Governor for assignment of the land to him. In the meanwhile, the 3rd respondent-Tahsildar issued a notice Ext.P2 dated 31-12-1979 to surrender the land leased out to the petitioner under Ext. P1 as it was needed for public purposes. The notice was served on 25-4-1980. Thereafter, the 50 cents of land was taken possession of from the petit