Judgment

FAZAL ALI, J.:- This appeal by certificate is directed against a judgment of the Bombay High Court dated Dec. 3, 1968 arising out of Land Acquisition Proceeding taken under the erstwhile Hyderabad Land Acquisition Act. The admitted position, as found by the High Court, seems to be that the land in dispute is situated in the city of Jalna which is a developing town and in the neighbourhood, of the plot in dispute a grain market has already been built. Several other municipal plots have also been sold out. Constructions like shops have come up. The land was acquired sometime in the year 1954 and from the finding of the High Court it appears that the plots almost contiguous to the land in question have great building potentiality. A respectable witness like Mohanlal Deep Chand, who was the President of the Municipality, had deposed that the average sale value of such land would be Rs. 15 per sq. yard. In this connection the High Court observed as follows :-

"Plot No. 26 which is behind plot No. 27 on the 70 feet road fetched the price at Rs. 15 per sq. yard. These sales have been deposed to by claimants witness No. 1 Mohanlal Deep Chand who was then the President of the Municip