A. D. DESAI, J. B. MEHTA, J.

( 1 ) THE facts as they appear from the record are that S. Nos. 540/1 540 and 540/3 were in possession of the petitioner as a tenant and under the provisions of the Tenancy Act he had become a deemed purchaser of these lands in the year 1956. A notification under sec. 4 of The Land Acquisition Act (hereinafter referred to as the Act) was issued on July 21 1971 and several survey numbers which included the aforesaid 3 survey numbers were declared likely to be needed for public purpose namely for the construction of houses by the Gujarat Housing Board under the development scheme. A personal notice of this acquisition was issued to the petitioner on July 21 1971 but in the said notice S. No. 540 was not mentioned as the land which was to be acquired. The petitioner in pursuance of the acquisition notice served upon him filed his objections under sec. 5a of the Act raising many objections to the acquisition of the said two survey numbers. It was contended by the petitioner that the said two lands were situated near the city of Surat and were within the extended limits of the Municipal Corporation and therefore ought not to nave been acquired according to th

Click Here to Read the rest of this document