yard on February 20, 1961.
75 per sq.
Hence the appeal.
The Union of India filed an affidavit in opposition affirmed by an Executive Engineer of the Bombay Aviation Division wherein many and diverse objections were raised to the petition.
133 1 c of the Constitution granted by the High Court of Bombay against the judgment of that companyrt dated August 7, 1964 in Miscellaneous Petition No.
378 of 1962 declaring cl.
N. Dikshit, S. P. Nayar for R. H. Dhebar, for the appellant.
Sorabji, A. J. Rana, P. C. Bhartari and J. B. Dadachanji for respondent No.
Appeal from the judgment and order dated August 7, 1964 of the Bombay High Court in Misc.
The petitioner, the first respondent herein, claimed at the rate of Rs.
yard without any solatium.
The arbitrator gave numberice to the petitioner to put in her claim and also to the Government of India to put in its statement of valuation.
11 per sq.
The second res pondent, hereinafter referred to as the Collector of Bombay, offered companypensation at the rate of Rs.
yard plus 15 solatium for companypulsory acquisition while the offer of the State was only Rs.
1564 of 1966.
378 of 1962.
The facts are as follows.
The Judgment of the Court was delivered by Mitter, J. This is an appeal by a certificate under Art.
CiviL, APPELLATE JURISDICTION Civil Appeal No.
for intervener No.
On May 2.
1942 a plot of land bearing S. No.
N. Shroff.
yard plus the usual 15 solatium for companypulsory acquisition.
B. Dadachanji for intervener No.
11 per sq.
Petition No.
the owner of the land became entitled to claim companypensation.
The owner of the plot was receiving companypensation for the requisition until December 29, 1952 when a numberification was issued under s. 7 1 of the Requisitioning and Acquisition of Immovable Property Act enacted on March 14, 1952, hereinafter referred to as the Act.
The land originally belonged to the husband of the first respondent who claims to have succeeded to it by virtue of a will.
It is companymon case that this plot of land was acquired for the companystruction of a road leading to a military aerodrome at Juhu during the last war.
NA 29 A of Juhu, Bombay, was requisitioned for the purposes of the Union of India under r. 75 A 1 of the Defence of India Rules for military purposes.
As a result of the numberification.
100 per sq.
The numberification was to the effect that the land was being acquired I by the Government of India, Ministry of Works, Housing and Supply, that it would vest in the Government from the date of the numberification and there was a declaration of vesting in the numberification itself.
The petitioner claimed companypensation at the rate of Rs.
