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1991 Supreme(SC) 484

M.H.KANIA, M.FATHIMA BEEVI, N.M.KASLIWAL
Yusufbhai Noormohmed Nendoliya – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
DUSHYANT A.DAVE, Indu Malhotra, Shirin Jain

JUDGMENT

KANIA, J.:—Leave granted. Counsel heard.

2. This appeal raises an interesting question regarding the interpretation of Section 11 -A of the Land Acquisition Act,. 1884 (hereinafter referred to as "the said Act"). Section 11 -A was inserted into the.said Act by Section 9 of Act 68 of 1984.

3. The relevant facts lie within a very narrow compass. The appellant is the occupant of lands comprising Survey Nos. 864 and 687 respectively of village Samal Pati in Patan Taluka of Mehsana District in Gujarat. The said lands were sought to be acquired by the State of Gujarat, Respondent No. 2 herein, for the purpose of the North Gujarat University. The notification under Section 6 of the said Act in respect of the said lands was issued on May 12, 1988. The parties proceeded on the assumption that it was published in the locality around about that time. The learned Counsel for the appellant stated in the High Court that such publication took place sometime in June 1988, and the parties as well as the Court proceeded on the footing that the said statement is correct. The appellant challenged the said notification by filing Special Civil Application No. 4342 of 1988 in the High Court of Guj














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