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1970 Supreme(SC) 244

J.C.SHAH, K.S.HEGDE
Lt. Governor Of H. P. – Appellant
Versus
Avinash Sharma – Respondent


Advocates:
BISHAN NARAIN, JAGDISH SVARUP, O.N.MOHINDRU, R.N.SACH, V.C.MAHAJAN

Judgment

SHAH, J. : The Deputy Commissioner, Mahasu, apparently acting on the request of the Air Force authorities took possession on December 23, 1963, of an area of land in village Galu Chak. That area included 8-14-0 bighas belonging to the respondent. The record does not disclose the authority under which possession of the land was taken and delivered over to the Air Force. There was correspondence between the Air Force Authorities and the State of Himachal Pradesh in regard to the land occupied by the Air Force and ultimately on March 31, 1964, a notification under S. 4 of the Land Acquisition Act, 1894, was published notifying that the area of land (including the land of the respondent) was likely to be needed by the State Government for a public purpose. By a composite notification under Section 6 and Section 17(1) and (4) dated May 16, 1964, the State of Himachal Pradesh declared that the land was needed for a public purpose, that since it was required urgent, the enquiry under Section 5-A of the Act was dispensed with, and that possession of the land will be taken under Section 17(1) of the Act after the expiry of fifteen days from the publication of the notice under S. 9(1














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