JUDGMENT

K. Ramaswamy, J.-This appeal by special leave arises from the judgment and order dated July 14, 1988 in Appeal No. 120 of 1988 of the Bombay High Court reversing the judgment and order of the learned Single Judge and quashing the award passed under Section 11 of the Land Acquisition Act, 1894 (for short, the Act ) and the notification dated 6th September 1972 issued under Section 6 of the Act read with Section 126(2) of the Maharashtra Regional and Town Planning Act (for short, the MRTP Act ) as inoperative. It was also held that the land in question could not be acquired under the Act. It was also further declared that all steps taken for taking possession and vesting of plot of land bearing CS No. 503, Dharavi Division, Bombay, in pursuance of the said award were illegal.

2. A few relevant facts leading to these proceedings deserve to be noted at the outset. On 6th January 1967 a draft development plan for G Ward of the Bombay Municipal Corporation was sanctioned by the State of Maharashtra in exercise of its powers under Section 31 sub-section (1) of the MRTP Act. The said draft development plan was earlier prepared by the then planning authority, namely, the Municip