Abhyankar, J.

1. The petitioner Sitaram is an owner of field survey No. 6/1 of mouza Kapustalni, having an area of 7 acre and 33 gunthas. He is aggrieved by the notification issued by the Commissioner, Nagpur Division, first under Section 4 and later under Section 6 of the Land Acquisition Act, acquiring the said field for the purpose of extension of gaothan of village Kapustalni. In this petition he challenges that notification as not bona tide and as other wise invalid on several other grounds.

2. The petitioner has filed a sketch showing the gaothan and surrounding survey numbers of village Kapustalni to be found at page 80 of the paper book. It appears that the village is affected by floods in the rains and there were heavy rains in 1959 which resulted in some of the residents suffering damage on account of the floods. The Commissioner, Nagpur Division, issued a notification as 21-7-60 under Section 4 of the Land Acquisition Act, proposing to acquire survey No. 263 of that village for extension of gaothan site. The area of survey No. 263 is 2.63 acres. That notification is to be found in the Maharashtra Gazette, dated 21st July 1960 at pages 285 and 286 in the Nagpur Su