Judgment

SHAH, J.:- These three appeals raise a common question as to the validity of certain acquisition proceedings commenced by the Collector of Kamrup, State of Assam, under S. 4 of the Assam Land (Requisition and Acquisition) Act, 1948.

2. We may in dealing with these appeals set out the facts which give rise to appeal No. 412 of 1962. The respondents in this appeal are owners of a plot of land at Bharalumukh, Gauhati, on which stands a residential building. In exercise of the powers conferred by Rule 75-A of the Defence of India Rules, 1939, the Government of India in 1943, requisitioned the land and the building for the use of the defence forces. Since the date of the requisition the land and the building continued in possession of the Government of India. The Collector of Kamrup passed an order on February 9, 1949 for acquisition of the land and building purporting to exercise powers under S. 4 of the Assam (Requisition and Acquisition) Act, 1948. At this time the requisition order made by the Government of India was subsisting. Thereafter by order dated August 4, 1949 the Collector requisitioned the land in exercise of the powers conferred by S. 3 of the Assam Act, 1948, and