Judgment

BEG, J. :- These are nine appeals before us, after certification of fitness of the cases for appeals to this Court, directed against orders governed by the same judgment of a Division Bench of the High Court of Maharashtra disposing of Writ Petitions relating to four groups of lands, which were sought to be acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the the Act).

2. A notification dated 11th October, 1963, under Section 4 of the Act, was published in the Maharashtra Government Gazette with regard to the first group. The public purpose recited in the notification was "development and utilisation of said land as a residential and industrial area." The notification goes on to state;

"AND WHEREAS the Commissioner, Bombay Division, is of the opinion that the said lands were waste or arable lands and their acquisition is urgently necessary, he is further pleased to direct under sub-section (4) of Section 17 of the said Act, that the provisions of Sec. 5-A of the said Act shall not apply in respect of the said lands."

Thereafter, a notification was issued under Section 6 of the Act on the 19th December, 1963, followed by notices unde