JUDGMENT :

S.J. Mukhopadhaya, J.

1. This appeal is directed against the impugned judgment and orders dated 28th August, 2000 and 19th December, 2000 passed by the Nagpur Bench of Bombay High Court in Writ Petition No. 593/99 and MCA No. 286/2000 in Writ Petition No. 593/99 respectively. By its first order, the High Court dismissed the writ petition preferred by the Appellant and by the second order, High Court rejected the review application filed by the Appellant.

2. The question that arises for determination is whether Section 11A of the Land Acquisition Act, 1894 is applicable to the cases where land is acquired under the provisions of Nagpur Improvement Trust Act, 1966.

3. The factual matrix of the case are as follows:

A Notification Under Section 39 of the Nagpur Improvement Trust Act, 1966 was issued for acquisition of land admeasuring 10.80 Acres situated at Khasra No. 1/1, Mouza Pardi, Tah. & District, Nagpur. Section 39 of the Nagpur Improvement Trust Act is similar to Section 4of the Land Acquisition Act, 1894. The said land was acquired for the eastern industrial area street scheme of the second Respondent.

4. According to the Appellant, the aforesaid land was owned and was in