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1971 Supreme(SC) 167

K.S.HEGDE, P.JAGANMOHAN REDDY
Jage Ram – Appellant
Versus
State Of Haryana – Respondent


Advocates:
HARBANS SINGH, K.L.GOSAI, K.L.Mehta, K.R.NAGARAJA, N.N.GOSWAMY, R.N.SACH, S.K.Gambhir, S.K.MEHTA, S.V.Gupta

Judgment

HEGDE, J.:- This appeal by certificate arises from the decision of a Division Bench of the Punjab and Haryana High Court in a writ petition wherein the appellants challenged the validity of proceedings under Sections 4, 6, 9 and 17 (2) (c) of the Land Acquisition Act, 1894 as amended by the Punjab Legislature. For convenience sake we shall refer to that amended Act as the Act . The High Court discussed the writ Petition.

2. It appears that several contentions were sought to be advanced before the High Court but in this Court only three contentions have been pressed for our consideration i e., (1) the acquisition in question being one for a company, proceedings should have been taken under Sections 38 to 44-B of the Act, the same having not been taken, the proceedings taken are void; (2) there was no urgency and hence recourse should not have been had to Section 17 of the Act and (3) Section 17 (2) (c) is inapplicable to the facts of the case.

3. Now we may state the facts relevant for the purpose of deciding the questions in dispute.

4. On 14/17th March 1969, Government of Haryana issued a notification under Section 4 of the Act notifying for acquisition the land concerned







































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