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1992 Supreme(SC) 158

T. K. THOMMEN, A. S. ANAND, M. H. KANIA
M. P. Housing Board: State Of M. P. – Appellant
Versus
Mohd. Shafi – Respondent


Advocates:
D.D.THAKUR, RAJINDAR NARAIN, S.Atreya, S.K.Gambhir, Sakesh Kumar, SATISH K.AGNIHOTRI, SHANTI BHUSHAN, Singhvi, SUSHIL JAIN, U.N.BACHHAVAT, VIVEK GAMBHIR

JUDGMENT

DR A.S. ANAND, J.- On April 12, 1984, the Collector Mandsaur, Madhya Pradesh, issued a notification, purporting to be under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the Act) to the effect that land detailed in the schedule attached thereto was required for a public purpose. The notification further discloses that the State Government being of the opinion that the provisions of sub-section (1) of Section 17 of the Act were applicable in respect of the land required to be acquired, it dispensed with the enquiry under Section 5-A of the Act.

2. The schedule to the notification provided as follows:

"SCHEDULE

Particulars of Land

Distt.

Tehsil

City/Village

Approxi-

mate

area in

hectares

Authorised

Officer under

Section 4(2)

Detail of

public

purpose

(1)

(2)

(3)

(4)

(5)

(6)

Mandsaur

Mandsaur

Mandsaur

2.29

Executive

Engineer

M.P. Hous-

ing Con-

struction

Board, Rat-

lam"

Residen-

tial

3. The aforesaid notification was followed by a declaration under Section 6(1) of the Act, issued on April 16, 1984. In the schedule to that declaration, khasra numbers of the proposed land with respective areas were provided and in column (2) requiring the mention of "public purpose" for which the land is r

















































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