( 1 ) THESE two appeals preferred under section 54 of the land Acquisition Act, 1894 arise from the judgment and order dated 3rd December, 1997 passed by the learned Asst. Judge, Nadiad, in Land Acquisition case No. 140/88. The appellant in First Appeal No. 952/1998 is the Gujarat Housing Board, the acquiring body (hereinafter referred to as the board ). The appellant in First Appeal No. 1848/98 is one Manibhai Mangalbhai, the constituted attorney of the land owners.

( 2 ) THE subject-matter of these appeals are the lands bearing Survey Nos. 167, 168, 169, 173, 174/1, 175/1 and 175/2 admeasuring 32509 sq. mtrs. situated at Village Chaklasiparty, Taluka Nadiad, district Kheda (hereinafter referred to as the acquired lands" ). The said lands were proposed to be acquired by the Board for a housing scheme. The preliminary notification issued under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in the official Gazette of the Government of Gujarat on 21st February, 1980. Declaration made under section 6 of the Act was published in the Official Gazette on 30th April, 1981.

( 3 ) THE acquired lands originally belonged to one