ORDER :

Ashok Bhan, J.

This appeal is directed against the judgment and order dated 6-1-1999 passed by the Division Bench of the High Court of Karnataka at Bangalore in WA No. 7267 of 1996 wherein and whereunder the Division Bench has upheld the judgment and order passed by the Single Judge of the same High Court in WP No. 11608 of 1987 quashing the notifications issued under Section 4 of the Land Acquisition Act, 1894 (for short "the Act") issued on 31-7-1986 and declaration issued under Section 6 of the Act dated 2-4-1987.

2. Briefly stated, the facts giving rise to the present appeal are as under :

The State of Karnataka issued a notification dated 31-7-1986 proposing to acquire 48 acres of land including the land in Survey No. 90/3 for the purpose of formation of sites for the benefit of the Indian Institute of Science Employees' House Building Cooperative Society Limited, Bangalore, the appellant herein under Section 4 of the Act. In the said notification name of Thammanna is shown as the owner of the land in question, who had died in the year 1978. In the notification issued under Section 6(1) of the Act, the survey number is mentioned as 91/3.

3. Respondent 2, namely, T. Muniraj