JUDGMENT - PATEL H.D., J.:—In the aforesaid petitions filed under Article 226 of the Constitution, the petitioners challenge notifications issued under sections 31 and 45 of the Nagpur Improvement Trust Act (hereinafter referred to as “the NIT Act”) as well as the consequent land acquisition proceedings resulting in respective Awards. Since the questions of law arising in these petitions are more or less the same, we have decided to dispose them of by this common judgment.

2. The petitioners in Writ Petition No. 4 76 of 1983 are the grandsons of late Shri Shamjibhai Kheta, who owned large property at Nagpur. These petitioners are the legatees under the last 'Will' of the said Shri Shamjibhai Kheta who died on 15th November, 1967. The three executors appointed under the Will were (1) Shri A. S. Bobde, Advocate (2) Shri Trimbak Shamji Kheta and (3) Shri M.M. Khinkhede, Advocate. The executors obtained the probate or the letters of administration from the Civil Court. Amongst the property left by late Shri Shamjibhai was the land called 'Shambag' which comprises of Khasras Nos. 9, 10, 11, 12 and 16/2 admeasuring 42.88 acres.

3. The Nagpur Improvement Trust framed a scheme known as “Sakk

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