JUDGMENT - Masodkar B.A. J.-This appeal and the suo motu notice issued to the Charity Commissioner have reference to the compensation proceedings under the provisions of the Land Acquisition Act, 1894 with regard to the lands belonging to the public trust, being Shri Govardhandhari Devasthan, Kopargaon, bearing survey No. 238(13 acres) and survey No. 31(6 acres and 36 gunthas). Section 4 notification was issued on January 9, 1969. The Special Land Acquisition Officer, Ghod Project, Ahmednagar, made an award under section U of the Land Acquisition Act, under which compensation as against survey No. 238, being Rs. 72,152, was directed to be credited into the Government Treasury with a rider that proposal for payment of cash allowance be submitted to the Commissioner, Poona Division, Poona, through the Collector, Ahmednagar, by the Tahsildar, Kopargaon. Thus, he virtually seized the amount in favour of the Government and put the same in the custody of the Tahsildar for the purpose of permitting payment of cash allowance to the trustees. He determined the compensation for survey No. 31 at Rs. 25,392, being the two-third value of the market price. This determination under section II of

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