( 1 ) THIS is a petition under Articles 226 and 227 of the Constitution of India for issuance of a writ setting aside the Award, dated 27-4-1970, given by Land acquisition Officer, Gwalior in Land Acquisition Case No. 8/56/23/7 (Annexure-B ). The petitioner has also challenged Section 50 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") as being unconstitutional.

( 2 ) THE case of' the petitioner, a body corporate constituted under the Town improvement Trust Act is that in the city of Gwalior near Jinsinala an open piece of land, commonly known as Garud Saheb ka Bada, 3 bigas and 5 biswas in area, was acquired for Housing Development Scheme. The petitioner has referred to the different notifications issued under Sections 4, 6 and 17 of the act. Tahsildar, Gwalior obtained possession over the land and handed it over to the petitioner on 29-11-1957.

( 3 ) NOTIFICATION under Section 9 was also issued in the proceedings relating to the acquisition. Some persons, as have been named in paragraph 6 of the petition, submitted their objections and claimed compensation. Respondent No. 1 was also one of the claimants and he claimed an amount of Rs. 1,81,473.