P. R. GOKULAKRISHNAN, J.

( 1 ) IN the Special Civil Application No. 4387 of 1986 the petitioners have prayed for issuing a writ of mandamus or any other writ direction or order for declaring Sec. 6 Notification at Annexure C to the petition as illegal and void in law and direct the respondents therein not to take any proceedings under the provisions of the said Act based on such Sec. 6 Notification. In Special Civil Application No. 6718 of 1987 the very same relief is prayed for in respect of the petitioners Nos. 9 10 11 and 12 in Special Civil Application No. 4387 of 1986 who have been dropped as on date from the array of petitioners mentioned in Special Civil Application No. 4387 of 1986. The petitioners in Special Civil Application No. 6718 of 1987 have filed the petition separately since according to them the Nondh numbers which are 818 and 819 are not mentioned in the notice issued under Sec. 210 of the Bombay Provincial Municipal Corporations Act and for other reasons.

( 2 ) LEARNED Counsels appearing for the respective parties in these Special Civil Applications agree that these Special Civil Applications may be treated as fully heard and disposed of finally by a judgment. Hence Rule is issued arguments heard and the following judgment is passed.

( 3 ) THE short facts of this case for the purpose of disposing of this petition are that the petitioners have residential premises in the road sought to be widened and the same is situated in the city of Surat. They are residing in these buildings for number of years and it is impossible for them to move away from these buildings since it is very difficult to get any alternative accommodation for them in the city of Surat. It is the say of the petitioners that on the opposite side of their residential houses there are dilapidated houses which are not used by anybody for residential purposes and they can be acquired for the purpose of widening the road. The Surat Municipal Corporation has proposed a roadline in order to widen the road on which the houses of the petitioners are situated. According to the roadline the 10 ft. front portion of the petitioners residential houses will be taken away for the purpose of widening the road. The petitioners contend that if these 10 ft. in the front portion of their respective houses are taken away their residential buildings will become useless rendering them homeless.

( 4 ) THE Surat Municipal Corporation had declared by public notice the roadline put up in Ward No. 9 at Nondh Nos. 817 to 825. The petitioners have also filed objections for the proposed roadline inter alia stating that the alignment can be different and that the buildings which are dilapidated on the opposite side of the petitioners houses may be acquired.

( 5 ) THE Surat Municipal Corporation has requested the Government to acquire the land of the petitioners at Ward No. 9 under the provisions of the Land Acquisition Act. The Government of Gujarat in exercise of the power conferred on it by the Land Acquisition Act published Notification dated 5th June 1979 under Se Sec. 4 of the Land Acquisition Act. Objections were called for and the petitioners have filed their objections. After perusing the objections and hearing the parties Sec. 6 Notification was published on 27/08/1982 Subsequently Sec. 9 Notification was served upon the petitioners. According to the petitioners the possession has not yet been taken over from them and in the meanwhile the petitioners have come forward with the abovesaid Special Civil Application.

( 6 ) IT is the case of the petitioners that the Surat Municipal Corporation gave a public notice pertaining to laying the roadlines and invited objections. This was done under the power vested with them by Sec. 210 of the Corporations Act. The notice was published in the local newspaper dated 24/04/1979 According to the petitioners the land has to be acquired under Sec. 210 and 216 of the Corporations Act and if such acquisition is made the petitioners wil

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