ORDER

1. Notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act) was published in the State Gazette of Gujarat on 17-3-1960,acquiring 7 acres and 28 gunthas of land to establish orphanage at the outskirts of Rajkot Municipality. The Land Acquisition Collector awarded compensation by his award dated 30-7-1962 at the rate of Rs 1.25 per sq. yard as against the claim of Rs 18 per sq. yard. Dissatisfied therewith, on appellants reference the civil court by its award and decree dated 31-7-1973 determined the compensation at the rate of Rs 2.05 per sq. yard. On appeal to the High Court under Section 54 of the Act, Gujarat High Court by its judgment dated 1-7-1975 in First Appeal No. 242 of 1973, while holding that the lands under acquisition are capable to fetch market value at the rate of Rs 10.00 per sq. yard, determined the compensation after 60% deduction, at the rate of Rs 4 per sq. yard. In appeal by special leave under Article 136 of the Constitution, appellants challenge the correctness of the deduction at 60% of the price determined to the lands under acquisition.

2. Shri Dholakia, learned Senior Counsel for the appellants strenuously contended that