Judgment

VENKATACHALA, J.:- These appeals by Special Leave, directed against the common judgment dated 5th, 6th and 7th August, 1974 rendered in First Appeals Nos. 386-395 of 1968 by the High Court of Judicature at Bombay, are required to be decided by us by considering and answering three important questions:

(i) Does the provision in sub-section (1) of Section 301 of the Bombay Municipal Corporation Act, 1888 -"the BMC Act" specify a principle of determination of compensation payable to the owners of the buildings or lands acquired for a public street under Sections 298 and 299 thereof ?

(ii) Does the principle specified in subsection (1) of Section 301 of the BMC Act, for determination of compensation payable to the owners for their buildings or lands acquired under Sections 298 and 299 thereof, warrant determination of such compensation according to the market value of such acquired buildings or lands?

(iii) What method could be adopted for determining the amount of compensation payable under sub-section (1) of Section 301 of the BMC Act?

2. The salient facts which have led to the filing of the present appeals lie in a narrow compass: Gowalia Tank Road and Bhulabhai Desal Road lying