G.K.MITTER, J.C.SHAH, V.RAMASWAMI
Ambalal Purshottam – Appellant
Versus
Ahmedabad Municipal Corporation – Respondent
Judgement
SHAH, J. :- On June 6, 1941, the Municipal Borough of Ahmedabad prescribed a "line of the street" along an important thoroughfare in the town of Ahmedabad and resolved that steps be taken for compulsory acquisition of lands falling "within the line". On June 9, 1941 a notification was issued by the Government of Bombay under Section 4 of the Land Acquisition Act 1894, that the lands set out in the Schedule "were likely to be needed for the public purpose set out in column 6 of the Schedule thereto, viz., for road widening", and that "any contracts for the disposal of any of the said lands by sale, lease, mortgage, assignment, exchange or otherwise or any outlay or improvements made therein without the sanction of the Collector ... after the date of this notification will, under section 24 (seventhly) of the said Act, be disregarded by the officer assessing compensation for such parts of the said lands as may be finally acquired." The Government of Bombay issued a notification under Section 6 of the Land Acquisition Act sometime in 1943 and also appointed the Special Land Acquisition Officer to take order for acquisition of the land.
2. After the publication of the notificat
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