Judgement

SHELAT, J. :- This appeal by special leave is directed against the order of the High Court of Maharashtra quashing the order dated November 20, 1961 passed by the first appellant under Section 5 (1) of the Bombay Land Requisition Act 23 of 1948 as extended to the Vidarbha area by the Bombay Land Requisition (Extension and Amendment) Act 33 of 1959.

2. The respondents are the owners of the land in question situate in the village Kasarkhed, District Akola. It appears that in 1959 there were floods in the area which affected the residents living in the gaothan of Kasarkhed. Once again there were floods in 1961 more serious than in 1959 affecting as many as 470 persons whose houses were either washed away or seriously damaged. There was therefore an urgent necessity of rehabilitating those sufferers at some other place where they could build their houses and complete them before the arrival of the next monsoon. In these circumstances the first appellant under power conferred on him by Section 15 of the Act passed the impugned order. The order stated that the lands set out in the Schedule thereto were needed or were likely to be needed for the public purpose, viz., for a new gao