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1983 Supreme(SC) 301

A.V.VARADARAJAN, D.A.DESAI, O.CHHINNAPPA REDDY
Manubhai Jehtalal Patel – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
G.A.SHAH, GOPAL SUBRAMANIUM, R.N.Poddar, S.A.SHROFF

JUDGMENT

 These appeals by certificate arise from the decision of the High Court of Gujarat in Special Civil Application No. 46 of 1966 and connected petitions. The certificate was granted, under unamended Art. 133 (1) (c). The substantial question of law of general public importance which appealed to the High Court to grant certificate was about the vires of Sections 4, 5-A and 6 of the Land Acquisition Act 1894.

2. Vires of Section 4 were examined by this Court in Bai Malimabu. v. State of Gujarat AIR 1978 SC 515 and it was held that Section .4 was intra vires the Constitution. In reaching this conclusion this Court referred to the two earlier decisions of this Court on the subject and held that Section 4 was intra vires the constitution. Nothing was made out to depart from this view. The reasons which weighed with this Court to uphold the validity of Section 4 would mutatis mutandis apply to the challenge to the vires of Sections 5-A and 6 of the Land Acquisition Act. We accordingly hold that Sections 5-A and 6 of the Land Acquisition Act are intra vires the Constitution. In fact that disposes of the certificate.

3. However, Mr. Gopal Subramaniam learned counsel for the appellants




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