Judgement

HIDAYATULLAH, J.: On March 10, 1965, the Government of Gujarat notified under S. 4 of the Land Acquisition Act that certain lands were needed for a public purpose, namely, the construction of the capital of the State at Gandhinagar and that Government was satisfied that they were arable lands . Government further directed under S. 17 (4) of the Act that as the acquisition of the said lands was urgently necessary the provisions of S. 5-A of the Act shall not apply in respect of the lands. A list of the lands was appended to the notification. This notification was followed by another on July 31, 1965 under S. 6 of the Land Acquisition Act and it contained a direction under S. 17 (1) of the Act, enabling the Collector on the expiration of 15 days from the publication of the notice under S. 9 (1) of the Act, to take possession of all arable lands specified in the earlier notification. Both notifications were signed by L. P. Raval, Under Secretary to Government and were shown to be by order and in the name of the Governor of Gujarat.

2. Numerous petitions were filed in the High Court of Gujarat under Art. 226 of the Constitution by the owners of the lands affected by the notifi