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1995 Supreme(SC) 1249

B.N.KIRPAL, K.RAMASWAMY
Gulabrao Keshavrao Patil – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
DIPANKAR GUPTA, HARISH N.SLAVE, HEMANTIKA VATII, K.S.NANAVATI, MANISHA PRADIP, P.G.Desai, P.H.Parekh, P.S.POTI, PRASHANT G.DESAI, R.F.NARIMAN, S.B.Naik, S.C.PATEL

(1) LEAVE granted.

(2) HAVING heard the counsel on both sides and given our anxious consideration to the respective contentions, we propose to dispose of the matter on merits. The only question is whether the appropriate government under Section (2 of Section 5-A of the Land Acquisition Act 1 of 1894 (for short the Act) has decided the objections raised by the claimants for further action under Section 6 of the Act. The Standing Committee of the Surat Municipal Corporation, authorised by its resolution dated 27/2/1992, the Municipal Commissioner to take appropriate action to acquire the land in question for relieving parking and traffic congestion near Surat Railway Station. On 31/7/1992, permission was granted by the Town Planning Department to the Corporation to acquire the land in question under Section 78 of the Town Planning Act. A declaration in that behalf was made. Accordingly on 29/10/1992, the Collector had published the notification under Section 4(1 of the Act. It is stated in the declaration that "the District Collector of Surat feels that the lands shown in the attached list may be required for the road and parking for the purpose of public at large by

























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