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1966 Supreme(SC) 37

R.S.BACHAWAT, J.R.MUDHOLKAR, A.K.SARKAR
Girdharilal Amratlal Shodan – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anu Mehta, B.R.G.K.Achar, I.M.SHROFF, J.B.DADACHAN, M.N.SHROFF, NIREN DEY, R.Ganapathy Iyer

Judgement

BACHAWAT, J. : On August 3, 1960, the Government of Gujarat issued a notification under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) stating that the land measuring about 7,151 sq. yards in Final Plot No. 460 of the Town Planning Scheme No. III of Elis bridge in Ahmedabad taluka city, village Changispur, was likely to be needed for a public purpose, viz., for construction of houses for Shri Krishnakunj Government Servants Co-operative Housing Society, Ltd., Ahmedabad. The land is the subject-matter of a trust of which appellant No. 1 is the trustee and appellants Nos. 2 to 6 are the beneficiaries. An enquiry under S. 5-A of the Act was duly held, and a report under Section 5-A (2) was made to the Government. On July 16, 1961, the State Government issued a notification under S. 6 of the Act stating that the land was needed to be acquired for the aforesaid public purpose at the expense of Shri Krishnakunj Government Servants Co-operative Housing Society Ltd. On September 22, 1961, the appellants filed a writ application in the High Court of Gujarat praying for an order quashing the notification under S. 6, dated July 18, 1961. During the penden








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