Judgment

DESAI, J.:- All these four appeals arise out of an acquisition of land by a notification dated August 21, 1958 issued under Sec. 4 of the Land Acquisition Act. The market price as on the date of notification had to be determined for assessment and payment of compensation. The Land Acquisition Officer determined market price at the rate of Rs. 12,100/per acre for garden land and Rs. 520/- per acre for Kharab land. (Roughly Rs. 2.50 per sq. yard). In reference to the Civil Judge, under Section 18 of the Land Acquisition Act the price was determined at the rate of Rs. 20,500/- per acre which roughly works out at Rs. 6/- per sq. yard. Ultimately, the matter went up to the High Court by two appeals one filed by Abdul Basith, respondent in Civil Appeal No. 123 of 1971 and the appellant in Civil Appeal No. 404 of 1971, and the other by Haji S. Mohamed Ismail, now deceased appellant in Civil Appeal No. 1621 of 1970 and respondent in Civil Appeal No. 1787 of 1970. Haji S. Mohamed Ismail died and his legal representatives have been substituted. Civil Appeals Nos. 123 of 1971 and 1787 of 1970 have been filed by the State of Karnataka, while Civil Appeal No. 123 of 1971 and Civil Appea