JUDGMENT

OZA, J.:— This appeal is by special leave granted by this Court against the judgment of Gujarat High Court at-Ahmedabad in Civil Second Appeal No. 45 of 1963.

2. Respondents Nos. 2 and 3 filed a suit No. 1476 of 1958 in the Court of Joint Civil Judge (Senior Division), Ahmedabad for declaration that the proceedings and award in land acquisition case, No. L.A.Q. 1496 were illegal and for injunction restraining the defendants, the Panch of Nani Hamams Pole of Gujarat and the State of Gujarat from doing any act affecting the plaintiffs possession of Municipal Census Nos. 605 and 605/1 and Census Nos. 1335 to 1337 of Shahpur Ward II and the superstructure standing thereon situated in Nani Hamam, Ahmedabad.

3. These lands were acquired by acquisition proceedings under Land Acquisition Act, 1894. After Notifications under Sections 4 and 6, the acquisition proceedings proceeded further for determination of compensation and an award was made.

4. The grievance made by Plaintiff/ Respondents Nos. 1 and 2 was that no notice was given to them personally under Section 4 and Section 9(3) of the Land Acquisition Act and that they were not aware of the land acquisition proceedings till their