A.D.KOSHAL, S.MURTAZA FAZAL ALI
Himalayan Tiles And Marble Private LTD. – Appellant
Versus
Francis Victor Coutinho – Respondent
JUDGMENT
FAZAL ALI, J. :—This appeal by special leave is directed against a judgment dated November 3, 1970 of the Bombay High Court dismissing the Letters Patent Appeal filed by the appellant against a decision of a single Judge allowing a writ petition filed by the first respondent.
2. The facts of the case lie within a narrow compass and may be briefly summarised as follows :
The appellant was a private company which was carrying on the business of manufacture and sale of artificial marbles and tiles and other accessories at village Majas Mogra, Jogeshwari, East Bombay. The company was spread over about 10 acres of land. Sometime in 1957 or 1958 the company moved the Government for acquiring additional land for purposes of the company. Accordingly, on the 7th January 1958, the Government issued a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) which was followed by a separate notice by the Land Acquisition Officer acquiring the land in dispute. This was followed by another notification under Section 6 of the Act which was served on the respondent on the 25th January 1960. In pursuance of these notifications the acquisition procee
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