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1985 Supreme(SC) 59

E.S.VENKATARAMIAH, O.CHHINNAPPA REDDY, SABYASACHI MUKHARJEE
Fomento Resorts And Hotels LTD. – Appellant
Versus
Gustavo Ramato Da Cruz Pinto – Respondent


Advocates:
A.Subhashini, Aditya Narain Singh, Anil B.Divan, B.S.ZAIVALA, KAILASH VASUDEV, M.M.ABDUL KHADER, NAUNIT LAL, Ravindra Narayan, S.C.Desai, USGAONKAR, Vinod Arya

Judgment

SABYASACHI MUKHARJI, J.:- Special leave granted.

This appeal filed by M/s. Fomento Resorts and Hotels Limited raises the short question as to whether compliance with R. 4 of the Land Acquisition (Companies) Rules, 1963 (hereinafter called the Rules). is necessary before issuing notifications under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act).

2. It appears that the land in question was purchased by Gustavo Ranato da Cruz Pinto hereinafter referred to as the land owner and the original respondent 1 on 10th Mar. 1978. The original respondent 2 and the appellant herein on the 15th Nov. 1978 made an application under Chap. 7 of the Act for the acquisition of the said properties. The government issued on the 29th Oct. 1980 notification in respect of the land in question under S. 4 of the Act which was published in the Government Gazette dt. 30th Oct. 1980. The land owner being respondent 1 to this appeal objected to the said notification under S. 4. Subsequently government held enquiry under S. 5A of the Act and the Deputy Collector submitted the. report to the Government in March. 1981. On or about 10th Aprl, 1981, the, Deputy Collector issued notic



































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