Judgment-

KANIA

( 1 ) THIS is an appeal against the judgment of a division bench of the Gujarat High court dismissing a writ petition filed by the appellant herein. The appeal has been filed on a certificate of fitness granted by the Gujarat High court under Article 133 (l) (c) of the Constitution.

( 2 ) THE main challenge in the writ petition was to the vires of Sactions 4 and 6 respectively of the Land Acquisition Act, 1894. That challenge no longer survives in view of the validity of the S. having been upheld by this court in Manubhui Jehtalal Patel v. State of Gujarat. The lands in question are situated at village Bhairav, Taluka Kamrege, District Surat. Gujarat. The said lands are situated on the bank of the river Tapti which is known for its frequent floods and the lands are covered in Survey No. 2. The said lands admeasure 1 acre and 39 gunthas. We propose to refer to the said lands in the aggregate as "the said land". The said land is also known as the "maksheshwar Mahadev" land. The appellant claims to be the occupant and owner of the entire land comprising in Survey No. 2 which includes the said land. It may be mentioned that the claim of the appellant to be the owner and o