JUDGMENT

SEN, J.—This appeal on certificate from a judgment of the Gujarat High Court raises a question as to the validity or otherwise of a fresh notification issued by the Government of Gujarat under Section 6 of the Land Acquisition Act, 1894, consequent upon an earlier notification under Section 6 of the Act being discovered to be invalid.

2. The first respondent in this case owned certain land bearing Final Plot No. 38 forming part of Town Planning Scheme No. III (Ellisbridge) situate within the city of Ahmedabad. At the request of the second respondent Sri Ayodhya Nagar Co-operative Housing Society Ltd., registered under the Bombay Co-operative Societies Act, 1925, now deemed to be registered under the Gujarat Co-operative Societies Act, 1961, formed with the object of enabling its members to construct houses, the State Government on August 3, 1960 issued a notification under Section 4 stating that the land was likely to be needed for a public purpose. This was followed by a notification of the State Government dated August 21, 1961 under Section 6 of the Act stating that the land was to be acquired at the expense of Sri Ayodhya Nagar Co-operative Housing Society Ltd. for the