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1975 Supreme(SC) 26

A.N.RAY, H.R.KHANNA, P.K.GOSWAMI
State Of Gujarat – Appellant
Versus
Patel Chaturbhai Narsibhai – Respondent


Advocates:
I.M.SHROFF, M.C.BHANDARE, M.N.SHROFF, R.H.Dhebar, URMILA SIRUR

Judgment

RAY, C. J.:- This appeal by certificate raises the question whether the notifications dated 29 September, 1965 and 18 January, 1969 issued under Ss. 4 and respectively of the Land Acquisition Act hereinafter referred to as the Act are lawful.

2. In 1960 there was a request by the respondent Baroda Industrial Development Corporation hereinafter referred to as the Company to the State for acquiring land for expansion of the Industrial Estate of the Company. The Special Land Acquisition Officer, Baroda expressed the opinion that the acquisition was necessary as the land was adjoining the occupied land of the Company and that was the only land available.

3. On 4 March, 1961 there was a notification under Section 4 of the Act. On 22 August, 1961 there was an agreement between the State Government and the Company in accordance with the provisions contained in Section 41 of the Act.

4. It may be stated here that the decision of this Court in R. L. Arora v. State of U. P., (1962) Supp (2) SCR 149 was that in case of acquisition for a Company, the Government could give its consent if the acquisition was needed for the construction of some work which was likely to prove useful to the pu





















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