Ranawat, J.—These are two appeals, No. 32 of 1952 filed by the State of Rajasthan and No. 33 of 1952 filed by the Hakim Mertin D. Silva—which arise out of the judgment of the District Judge, Jaipur City, dated the 28th of February, 1952, in a case of reference under the Land Acquisition Act fixing the compensation for the property alleged to have been acquired at Rs. 48,000/-.

2. The facts of this case are that Hakim Martin D. Silva and others (hereinafter to be referred to as the owners) held certain land and buildings in Moti Katla Bazaar, Jaipur, to the east Amer Road. The Government intended to widen the Amer Road and for that purpose thought it proper to acquire the aforesaid properties. At the time proceedings for acquisition of the aforesaid properties were initiated the Jaipur Land Acquisition Regulation of Svt. Year 1987 was in force. The procedure to be followed under that Regulation required that the department or the Municipal Board when any land was required to be acquired had to make an application to the Durbar for acquisition of the same. It was then under sec. 6 of the Regulation for the Durbar to appoint a Land Acquisition Officer in case the application was sanctioned. The Land Acquisition Officer was then to mark out and measure the land and prepare a plan of it. A public notice then had to be published at a convenient place on or near the land to be acquired and also by publication in the Jaipur Gazette stating the particulars of the land and the intention of the Durbar to take possession of it. By the same notice all persons interested in the land were also to be required to appear personally or otherwise before the Land Acquisition Officer and to state the nature of their respective interests and the amount and particulars of their claims to compensation. The Land Acquisition Officer after holding necessary enquiries had to make an award under sec. 11 of the Regulation which was to be notified in the Jaipur Gazette. The Land Acquisition Officer after the publication of the award in the manner prescribed under sec, 11 of the Regulation was then authorised to take possession of the property which was to vest from that time absolutely in the Durbar free from all encumbrances. Any person not accepting the award could make an application to the Land Acquisition Officer requiring him to refer the case for the determination of the Durbar.

3. Under orders of the Prime Minister of Jaipur State proceedings to acquire the property occupied by the owners in the present case were started. Notices probably under sec. 8 of the Regulation were issued but were not published in the gazette as required by the Regulation. The Land Acquisition Officer after holding an enquiry made a report to the Chief Engineer to the Government of Jaipur State stating therein that the value of the constructions on the land to be acquired was of Rs. 7,773/12/- and also that the owners were not entitled to receive any compensation as the said property had been given to them for residential purposes only by the Government. This report is Ex. P1 on the record and bears the date of the 12th of January, 1943. The owners them made certain applications to the Land Acquisition Officer asking him to refer the case to Durbar by documents Ex. A2 and A3. These applications for reference, of the owners were submitted to the Durbar. At this stage of the proceedings the Jaipur Land Acquisition Act of 1943 (hereinafter to be referred to as the Act) came into force on the 31st of July, 1943, and an application which is Ex. A4 was made by the owners on the 18th of August, 1943, to the Land Acquisition Officer for making a reference to the District Judge under the new Act. The Government on the 30th of March, 1944, by document Ex. A5, ordered that the property of the owners be acquired for improvement of the Amer Road and a portion of the house of Nawab Khan not occupied by Moti Katla School be granted to the owners temporarily for their residential purposes on

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