J.C.SHAH, K.S.HEGDE
Municipal Corporation Of The City Of Ahmedabad – Appellant
Versus
Chandulal Shamaldas Patel – Respondent
J.C. SHAH, J.
(1) CERTAIN lands belonging to the first respondent were notified for acquisition under S. 4 of the Land Acquisition Act by the government of Bombay by a notification, dated 19/02/1959. The area in which the land is situate having thereafter been allotted to the State of Gujarat on the bifurcation of the State of Bombay under the State Reorganisation Act, 1956 a Divisional Commissioner of the State of Gujarat issued anotification under S. 6/05/1961. Both the notifications mentioned the purpose for acquisition as "for School and neighbourhood work". The notifications were challenged by the first respondent in a petition filed by him in the High court of Gujarat on various grounds which it is not necessary to set out. The petition was granted. The Municipal Corporation of the City of Ahmedabad which was the fourth respondent in the petition has appealed to this court. A preliminary objection is raised against the maintainability of the appeal filed by the Corporation. It is urged that the Corporation is not aggrieved by the order. In our judgment the contention must be upheld.
(2) THE Municipal Corporation was impleaded as the fourth respondent before the
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