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1967 Supreme(SC) 269

J.M.SHELAT, S.M.SIKRI, J.C.SHAH
Abdul Hussain Tayabali – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Anu Mehta, BISHAN NARAIN, G.L.SANGHI, I.M.SHROFF, J.B.DADACHAN, R.H.Dhebar, Ravindra Narayan, S.P.NAIR

Judgement

SHELAT, J. :- These appeals by certificate are directed against the judgment of the High Court of Gujarat dismissing the writ petitions filed by the appellants for quashing the notifications dated August 28, 1964 and October 18, 1965 respectively issued under Sections 4 and 6 of the Land Acquisition Act, 1 of 1894.

2. The appellants are the owners of the lands in question situate at Ranoli, District Baroda. The 3rd respondent Company also owns about 140 acres of land in the same village. The appellants lands are either situate adjacent to and between the Company s lands and the railway lines or are enclaves surrounded by lands belonging to the Company. On July 22, 1961 the Stab Government issued a notification under Section 4 of the Act to the effect that the appellants said lands were or were likely to be needed for a public purpose, viz., for a fertilizer factory. That notification was withdrawn on September 11, 1962 as the lands were stated to be unsuitable for such a factory. The Government however issued the very next day a fresh notification under Section 4 in respect of the same lands, this time for the purpose of the 3rd respondent Company. Some of these appellant























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