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1964 Supreme(SC) 28

P. B. GAJENDRAGADKAR, N. RAJAGOPALA AYYANGAR, K. N. WANCHOO, J. C. SHAH, K. C. DAS GUPTA
Shyam Behari: Kaira District Co Operative Milk Producers Union – Appellant
Versus
State Of M. P. – Respondent


Judgment

WANCHOO, J. :

This is an appeal by special leave against the judgment of the Madhya Pradesh High Court. The appellant filed a writ petition in the High Court challenging the validity of a notification issued under S. 6 of the Land Acquisition Act. No. 1 of 1894 (hereinafter referred to as the Act). Their case was that they were owners of certain lands in Chhaparwah. On July 8, 1960, a notification was issued under S. 4 of the Act to the effect that certain land in village Chhaparwah was required for a public purpose, namely, "for the construction of buildings for godowns and administrative office". Thereafter proceedings appear to have been taken under S. 5-A of the Act and an inquiry was made by the Collector. It may be mentioned that the acquisition proceedings were taken it the instance of the Premier Refractories of India Private Limited, Katni, which is a company. The Collector reported that the land was essential for the company and was needed for a public purpose and the objections of the landowners had no substance. He therefore recommended that a declaration under S. 6 of the Act might be made. He also reported that a draft agreement to be executed between the compa





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