JUDGMENT

DESAI, J.:—These two appeals by certificate under Article 133 (1) (c) of the Constitution arise from a judgment rendered by the Gujarat High Court in Special Civil Application No. 729/68, being a petition under Art. 226 of the Constitution challenging the validity of a notification issued by the Government of Gujarat on 10th Oct., 1967 under S. 6 of the Land Acquisition Act, 1894 (Act for short). Civil Appeal No. 2316/69 is preferred by the original respondent No.2 Gujarat State Transport Corporation, and the cognate Civil Appeal No. 1598/70 is preferred by the State of Gujarat, the first respondent in the petition. As both the appeals arise from the same proceedings and raise identical contentions they were heard together and are being disposed of by this common judgment.

2. A notification under S. 4 of the Act was issued by the former Government of Bombay on 10th October 1952 notifying that final plots 41, 42 and 43 were likely to be needed for a public purpose, viz., State Transport. The respondents who are tenants of different parcels of land comprised in the aforementioned final plots objected to the proposed acquisition. Soon after filing the objections under S.5A of