M. N. CHANDURKAR (C J)

The appellant-petitioner, whose land is being acquired by the issue of a declaration under S.6, Land Acquisition Act, is challenging the declaration under S.6(1), Land Acquisition Act, 1894, (hereinafter referred to as the Act) on grounds which we shall presently state. However, in order to appreciate the contentions raised before us and originally raised in the writ petition under Art. 226 of the Constitution, it is necessary to refer to certain facts on which the appellant claims a relief of quashing the declaration under S.6 of the Act dt. 3-12-1983. The land in question was taken on lease by respondent 1 which is a Public Transport Corporation for a period of five years from 1-4-1974. In pursuance of certain arrangements, which according to the appellant, were arrived at between the landowner and the Corporation, the Corporation was to pay an additional rent of Rs. 750 per month, a sum of Rs. 4500 by way of advance and was to execute a lease for ten years from 1-4-1976 to 31-3-1986. The appellant's case is that accordingly the Corporation put up certain structures, but the Corporation did not abide by the agreement and declined to execute the l