B. P. BERI, AG. C. J.

( 1 ) THIS is a special appeal under Section 18 of the Rajasthan High Court Ordinance directed against the judgment of a learned single Judge of this Court dated 13th may, 1971 whereby he dismissed the appellants petition under Article 226 of the constitution of India.

( 2 ) THE facts which it is necessary to recall for the disposal of this appeal briefly stated are these : The appellant claims to be the owner of a house No. 27 in Ward no. 6 in the city of Jodhpur. In the Rajasthan Gazette of June 30, 1965 a notification was published whereby the Government notified its intention to acquire land measuring 2074 Sq. yards which belonged to the appellant and whereon the house of the appellant stood. The land and the house were sought to be acquired under the scheme popularly known as the sojati Gate -- Girdi Kot scheme. The notice was served on the appellant under Section 52 (2) of the rajasthan Urban Improvement Act, 1959 (hereafter called the Improvement Act)inviting objections from the appellant against the proceedings for the acquisition of the appellants property. Despite the objections filed by the appellant the State government took further steps