Judgement

RANGANATHAN, J.:- The question raised in this appeal is a somewhat unusual one. The State Government wants to withdraw proceedings for acquisition of lands initiated by it under the Land Acquisition Act (hereinafter referred to as the Act) by exercising its powers under S. 48 but the owner of the land is insisting that the Government should be directed to go ahead with the acquisition, take over the lands and pay him compensation. The reasons for this somewhat unusual request will become apparent a little later.

2. By a notification dated 6th November, 1961, issued under S. 4 of the Act, certain lands belonging to the respondent company were notified for acquisition in order to accommodate housing schemes of the Maharashtra Housing Board. This was followed up, on 18th November, 1965, by a declaration under S. 6 of the Act and, on 15th January, 1966, by notices calling upon the respondent to put forward its claims of compensation in respect of the land sought to be acquired. Thereafter, however, no further proceedings were taken. In the meantime it appears that the lands were encroached upon by a large number of trespassers who put up slums thereon. The respondent repeatedly