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1977 Supreme(SC) 20

P.K.GOSWAMI, P.N.SHINGHAL
Kalumiya Karimmiya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
D.V.PATEL, GIRISH CHANDRA, K.G.Vakharia, Kailash Mehta, L.N.Sinha, M.N.SHROFF, Manju Jetley, P.H.Parekh, VIMAL DAVE

Judgment

P. K. GOSWAMI, J.:- This appeal by certificate under Article 133 (1) (b) and (c) of the Constitution is from the judgment of the Gujarat High Court. The certificate was granted on October 21, 1972, before coming into force of the Constitution (Thirtieth Amendment) Act, 1972.

2. Mr. Dave, learned counsel for the appellant, does not press before us the challenge to the validity of Sections 4, 5A and 6 of the Land Acquisition Act, 1894.

3. We will now, state the facts as will appear from the statement of case filed on behalf of the appellant.

4. A notification was issued under Section 4(1) of the Land Acquisition Act, 1894 (briefly the Act) on June 7, 1966, intending to acquire a total area of 13900 sq. yds. of land including 474 sq. yds. of the appellants land in Ward No. 11 of Surat City included in City Survey Nos. 2365 and 2366. We are informed that only the appellant is raising objection to the acquisition and the plan has not yet been implemented on account of the pending litigation. The appellant submitted his objections under Section 5A (1) of the Act to the Collector who gave him a hearing under sub-section (2) of Section 5A. In due course the Collector submitted his rep














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