J.C.Shah,J.

(1) N exercise of the powers under S. 4 of the Land Acquisition Act 1 of 1894, the government of Gujarat notified for acquisition an area of land in the town of Gondal, for a public purpose. Enquiry was under S. 5-A of the Land Acquisition Act and thereafter on 11/05/1966, a notification was published under Section 6 of the Act declaring that the land was needed for a public purpose. It was stated in the notification "and whereas the government of Gujarat is satisfied after considering the report of the Deputy Collector under Ss. (2) of S. 6-A of the Land Acquisition Act 1 of 1894 that the said land is needed to be acquired at the expense of a local body, i.e., Agricultural Produce Markets Committee, Gondal, for the purpose specified in Column 4 of the Schedule hereto, it is hereby declared under the provisions of S. 6 of the said Act that the land is required for the purpose specified in Column 4 of the Schedule hereto; and in Column 4 of the Schedule the purpose specified was for New Market Yard at Gondal".

(2) THE appellant moved a petition before the High court of Gujarat challenging the validity of this notification. It was urged in sup