JUDGMENT

DESAI, J:—The appellant questioned the validity of notification dated March 31, 1958 and another notification dated December 29, 1962 under Sections 4 and 6 respectively of the Land Acquisition Act in Special Civil Application No. 228 of 1963 filed in the Gujarat High Court at Ahmedabad on the following grounds:]

"(1) The two notifications are mala fide as they suffer from non-application of mind and are in colourable exercise of power on the two submissions:

(a) There is utter impossibility of constructing a road over this plot as part of the scheme, and

(b) The acquisition is in excess of the requirement.

(2) Section 6 notification is illegal as it does not show the instrumentality through which the said public purpose should materialise."

2. These grounds did not find favour with the High Court and the special civil application was dissmissed. Upon certificate granted under Article 133 (1) (b) the present appeal is filed.

3. Mr. Bhandare, learned counsel for the appellant canvassed the same two contentions before us. It is not necessary to examine them in an elaborate manner. The main gravamen of the charge was that the whole of plot No. 31 which was under acquisition could n