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1977 Supreme(SC) 41

H.R.KHANNA, JASWANT SINGH, R.S.SARKARIA
Mangal Oram: S. Devi – Appellant
Versus
State Of Orissa – Respondent


Advocates:
A.K.Mathur, A.K.SHARMA, B.PARTHASARTHY, D.P.Singh, G.S.CHATTERJEE, GOVIND DAS, L.N.Sinha, M.S.NARASIMHAN, MALINI PODVAL, S.Bhandan, SANTOSH CHATTERJI, Vinod Bhagat

Judgment

KHANNA, J.- This judgment would dispose of three civil Appeals Nos. 1237 and 1238 of 1972 and 1730 of 1973 against the judgment of Orissa High Court. The first two appeals have been filed on certificate, while the third appeal has been filed by special leave.

2. We may first deal with civil appeals 1237 and 1238. On February 22, 1954 a notification was issued under sub-s. (1) of S. 3 of the Orissa Development of Industries, Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Orissa Act XVIII of 1948) (hereinafter referred to as the Act) by the Government of Orissa for the acquisition of 78 square miles of land for the "development of industries, namely, establishment of a steel plant and allied and ancillary industries." The steel plant mentioned in the notification subsequently came to be known as the Rourkela steel plant. Another notification was issued on February 9, 1955 for the acquisition of further four square miles of land for the above purpose. It may be mentioned that according to S. 5 (1) of the Act, when a notice of acquisition is served or is published under S. 4, the land shall vest absolutely in the







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