D.R. DHANUKA, J.:---On joint request of parties, both these references under section 18 of Land Acquisition Act I of 1894 are heard together. With consent parties are allowed to lead common evidence in both these references. The two references are interrelated only to a limited extent as would be obvious from the narration of facts in later part of this judgment.

2. The basic facts pertaining to Land Acquisition Reference No. 104 of 1975 are as under :

(a) The reference concerns vacant plot of land bearing C.S. No. 320 of Fort Division, Ward No. A 2173 situated at 244, Perin Nariman Street (Bazar Gate) Bombay. Prior to August 1961, a three storeyed building used to exist on the said plot of land. On 19th April 1961, the Municipal Corporation of Greater Bombay declared that the said building was unfit for human habitation. In or about August 1961, the said building was demolished. The said building was totally dilapidated building. Since about August 1961, this plot of land was a vacant plot of land. The area of plot of land under acquisition is 79.43 sq. meters only. Soon after demolition of the existing building, the owner of the said plot Shri Vadilal Chatrabhuj Gandhi submitted plans for construction of building on the said plot of land which was vacant since about August 1961. The Municipal Corporation of Greater Bombay did not sanction the proposal/plan submitted by or on behalf of owner for development of plan. The proposal submitted by the architect for the owner remained pending with Bombay Municipal Corporation. The said plot is a narrow plot. Sometime in the year 1966, the Municipal authorities addressed a letter to the owner Shri Vadilal Gandhi suggesting amendment in the plans for development of plot already submitted by architect for the owner so as to bring the same into conformity with the Development Control Rules. The said letter is produced in evidence and marked as an exhibit. The amended plans were submitted on behalf of the owner. The amended plans were neither approved nor rejected. The plot continued to be a vacant plot of land. The said plot could be easily developed by owner of adjoining plot/s by getting the same amalgamated with the adjoining plot. Acquisition proceedings in respect of this plot were commenced, continued and completed under Land Acquisition Act I of 1894.

(b) Land Acquisition Reference No. 105 of 1975 inter alia concerns acquisition of (1) land with building known as "Nariman House", situated at 5, Raghunath Dadaji Street, 43, Police Court Lane, Bombay bearing C.S. No. 894 of Fort Division, Ward No. A-2340 Bombay and (2) land bearing C.S. No. 889 of Fort Division, Ward No. A-2492, Bombay along with Building constructed thereon and let out to tenants situate at 41, Police Court Lane, Bombay. The buildings constructed on these two plots of land were occupied by about 24 tenants. The said buildings were also in dilapidated condition at the material time. Sometime in the month of March 1971, the building on the plot situated at Raghunath Dadaji Street collapsed during the course of carrying out of repairs in respect thereof by the Bombay Building Repairs and Reconstruction Board. The collapsed building fell on the building situated at 41, Police Court Lane, as a result thereof, the building standing on 41 Police Court Lane also collapsed. In the result, the tenants of two buildings were dishoused.

(c) The Bombay Building Repairs and Reconstruction Board undertook reconstruction Scheme for construction of Building on the plots concerning L.A.R. No. 5 of 1975 alongwith plot No. C.S. 320 of Fort Division being the land concerning L.A.R. No. 104 of 1975. Two plots and the buildings concerning L.A.R. No. 105 of 1975 were encumbered with tenancies and there was urgent problem of rehabilitation of tenants dishoused or dislocated as a result of virtual collapse of old Buildings. Plot No. C.S. 320 of Fort Division was lying vacant since the year 1961 and was not subject to any encumbr