Judgment

KAPUR, J. : ( for himself and S. J. Imam and J. R. Mudholkar, JJ.) In these appeals by special leave against the judgment and order of the High Court of Patna a common question of law arises as to the interpretation of the provisions relating to acquisition under the Bihar Town Planning and Improvement Trust Act 1951, Act 35 of 1951, hereinafter called the "Bihar Act" and whether the notifications issued by the State Government under S. 4 of the Land Acquisition Act were valid. The appellant in all the appeals is the Patna Improvement Trust but in all the four appeals the respondents are different persons.

2. On January 19, 1961, the Government of Bihar issued a notification under S. 4 of the Land Acquisition Act of 1894 proposing to acquire an area of 407.85 acres of Land in the City of Patna at the expense of the Patna Improvement Trust for a public purpose viz. for development of residential neighbourhood, to provide for housing facilities for various income groups and to facilitate the planned growth of the City of Patna. By another similar notification of the same dale the State of Bihar proposed to acquire 54.08 acres of land. The respondents challenged the legality of