(1) THIS appeal by special leave arises from the order of the Single Judge of the High court of Bombay in Special Civil Application No. 2521 of 1978, dated 20/12/1978 wherein the learned Single Judge set aside the order of the Joint Judge, Poona dated 29/8/1973 made in Miscellaneous Appeal No. 92 of 1973. The facts necessary for disposal of this appeal lie in a short compass

(2) THE Poona Municipality has undertaken widening of the road to remove traffic congestion and initiated proceedings under Section 4(1 of the Land Acquisition Act, 1894 for acquiring the two storied building belonging to N.H. Naik at Kotwal Chowk. The notification under Section 4(1 was published in the Gazette in December 1966. The Land Acquisition Officer passed his award on 14/12/1970. Thereafter, the compensation was deposited and paid to the owner. Pursuant thereto possession was taken on 13/3/1971 by the competent officer and handed over to the Corporation. However, the earlier 24 appellants/tenants who entered into leave and licence agreements with the Corporation were allowed to get into possession. After the expiry of the period of leave and licence, proceedings were initiated for evicti