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1963 Supreme(SC) 166

J.R.MUDHOLKAR, S.R.DASS, K.SUBBA RAO, RAGHUBAR DAYAL, N.RAJAGOPALA AYYANGAR
Valjibhai Muljibhai Soneji: Ashrs Textile Works – Appellant
Versus
State Of Bombay – Respondent


Advocates:
C.K.DAFTARY, J.C.BHATT, N.S.BINDRA, R.H.Dhebar, V.J.MERCHANT

Judgement

MUDHOLKAR, J. : This judgment will also govern CA. No. 123 of 1963. These two appeals have come up before this Court by virtue of special leave granted by it on April 27, 1960.

2. The appellants before us were plaintiffs in suits instituted by them before the second Joint Civil Judge (S. D.), Ahmedabad, in which they challenged the validity of certain proceedings instituted by the then Government of Bombay for acquiring a piece of land belonging to respondent No. 2 for the purpose of constructing a bus depot required by the State Transport Corporation and for constructing office and other buildings by the said Corporation. The appellants in addition, sought an injunction restraining the State of Bombay and the State Transport Corporation for proceeding with the acquisition and dispossessing them. The suit was founded on a number of grounds but ultimately when the matter went up to the High Court in second appeal Mr. Rajni Patel who appeared for the appellants based the claim only on three grounds: (1) that the purpose mentioned in the notification under S.4 of the Land Acquisition Act, 1894, was indefinite or vague and, therefore, the notification was bad;(2) that the proce





























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