M. C. TRIVEDI, M. P. THAKKAR, J.

( 1 ) THIS judgment will dispose of two cross appeals arising out of the judgment rendered by the learned Civil Judge (Senior Division) Ahmedabad (Rural) at Narol in jurisdiction civil suit No. 52 of 1967 on 30th November 1967. The two appeals are First Appeal No. 1062 of 1968 by the State and the Special Land Acquisition Officer who were original defendants and First Appeal No. 1063 of 1968 by the original plaintiff. Both the sides have filed the appeals because the Trial Court has decreed the suit partly and both the sides feel aggrieved to the extent they have failed.

( 2 ) THE main controversy in the suit centres around the validity of the notification under sec. 4 of the Land Acquisition Act (hereinafter referred to as the Act) issued by the competent authority for the purpose of acquiring the land belonging to the plaintiff admeasuring 5 acres and 39 gunthas comprised in S. No. 9 of village Dani Limda situated beyond the limits of the Municipal Corporation of Ahmedabad on December 19 1957 The urgency clause under sec. 17 (4) of the Act was applied and inquiry under sec. 5 (A) of the Act was dispensed with. The said notification under sec. 4 was

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