JUDGMENT

SHINGHAL, J.:— This is an appeal by the defendant State of Gujarat and another against the appellate judgment and decree of the Gujarat High Court dated February 17/18, 1972) on a certificate under Art. 133 (1) (b) of the Constitution as its stood before the Constitution (Thirtieth Amendment) Act, 1972.

2. The case arose on a suit instituted by the plaintiff Sankalchand Khodidas Patel on 8-2-1961, to challenge the validity of the notifications issued by the defendant State under Ss. 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) in respect of land bearing survey number 146, in Dariapur-Kajipur area of Ahmedabad city. The notification under S. 4 was issued on May 23, 1958, in respect of 1 acre 36 gunthas of land. It was stated in the notification that the land was likely to be needed for a "public purpose, viz., for the constructing of houses for New Sarvodaya Co-operative Housing Society Ltd., at Dariapur-Kazipur, Ahmedabad." An erratum was issued on August 20, 1959, by which it was further clarified that the land was required for "providing housing facilities of New Sarvodaya Co-operative Housing Society, Ltd., for Backward Class peopel at D