Goswami, J. - (1.) The only question that arises in this appeal by special leave is whether the order of acquisition passed by the Municipal Commissioner under Section 284J of the Bombay Provincial Municipal Corporations Act, 1949, as applicable to Gujarat is invalid and void for non-compliance with Section 5A of the Land Acquisition Act, 1894.
(2.) The Municipal Corporation of the city of Ahmedabad (briefly the Corporation) by its resolution of December 15, 1966, authorised its Commissioner under Section 284I of the Bombay Provisional Municipal Corporations Act 1949 (briefly the Bombay Act) to provide housing accommodation for the poorer classes. In pursuance of this authority of the Corporation the Commissioner passed impugned order of compulsory acquisition on October 9, 1967, under Section 284J of the Bombay Act in respect of 33, 357 sq. yrds. of land of final plots Nos. 11 to 25 of Town Planning Scheme No. V of Dariapur, Kazipur Ward.
(3.) Out of this area the land belonging to the appellants measures about 1694 sq. yds. it is averred by the appellants that this area is "predominantly a commercial area and is almost fully built upon.";