Judgment

G. K. MITTER, J.

( 1 ) THIS is an appeal by a certificate under Art. 133 (1) (c) of the Constitution granted by the High Court of Bombay against the judgment of that court dated 7/08/1964 in Miscellaneous Petition No. 378 of 1962 declaring cl. (b) of sub-s. (3) of S. 8 of the Requisitioning and Acquisition of Immovable Property Act, 1952 (Act 30 of 1952) including the word, "whichever is less" ultra vires Art. 31 (2) of the Constitution and as such void.

( 2 ) THE facts are as follows. On 2/05/1942 a plot of land bearing S. No. NA-29-A of Juhu, Bombay, was requisitioned for the purposes of the Union of India under R. 75-A (1) of the Defence of India Rules for military purposes. It is common case that this plot of land was acquired for the construction of a road leading to a military aerodrome at Juhu during the last war. The land originally belonged to the husband of the first respondent who claims to have succeeded to it by virtue of a will. The owner of the plot was receiving compensation for the requisition until 29/12/1952 when a notification was issued under S. 7 (1) of the Requisitioning and Acquisition of Immovable Property Act enacted on 14/03/1952, hereinafter refer