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 the policy decision taken by the Government. The petitioner also raised a contention that he had constructed a residential house and installed a water pump on the well in S. No. 540/2 and therefore the same should not have been acquired ill view of the Government policy not to acquire land on which residential houses were built. After receiving the report of the Land Acquisition Officer the Government issued notification under sec. 6 of the Act on August 3 1972 declaring that the Government was satisfied that the lands under acquisition were needed for public purpose for construction of houses by the Gujarat Housing Board. The notification under sec. 6 is challenged by the petitioner on various grounds but it is not necessary to mention all of them The pertinent grounds on which the notifications of acquisition under secs. 4 and 6 are challenged are:- (1) that in respect of S. No. 540/1 no personal notice of acquisition was served on the petitioner as required by rule I framed by the State Government under sec. 55 of the Act and therefore the acquisition of lands was illegal and invalid (2) that on S. No. 540/2 there is pacca house constructed by the petitioner if the year 1968 and the same is being used for residence of the petitioner and his family The Government has taken a policy decision not to acquire such lands having residential houses. In pursuance of this policy the Government had released S. No. 539 which was acquired under the impugned notification because residential house was being constructed thereon at the date of acquisition. Thus the action of the Government of acquiring the said land is contrary to the declared Government policy and thus violative of Art. 14 of the Constitution; and (3) that the acquisition of lands is contrary to the declared policy of the Government to the effect that in view of the shortage of residential accommodation in the City the lands of the persons who are constructing structures either by their own effort or by forming co-operative societies should not be acquired but lands at a distance of quarter or half a mile therefrom may be acquired. The acquisition of the lands of the petitioner therefore is in contravention of the declared policy of the Government and thus violative of Art. 14 of the Constitution.

( 2 ) MR. N. M. Parmar section officer Revenue Department of the Government of Gujarat has filed an affidavit on behalf of the State Government contending that the notice in respect of acquisition of S. No. 540/1 was served on Shri Gajanand Dalpatbhai whose name appeared in the record of rights and who was the only interested person as per the said official record. It was contended that no notice of acquisition of S. No. 540/1 was necessary to be served on the petitioner as he was not the person having an

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