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1960 Supreme(Bom) 21

S.T.DESAI, V.S.DESAI
Navnitlal Ranchhodlal – Appellant
Versus
State of Bombay and Anr – Respondent


JUDGMENT - 1. This is a Special Civil Application challenging a notification issued by the Commissioner, Ahmeda-bad Division; under Section 4 of the Land Acquisition Act, 1894, notifying for acquisition final Plots 160 and 163 of the Town Planning Scheme Ahmedabad No. 3 (Ellis Bridge) from the area of the village Shekhpur-Kanpur comprised in the Ahmedabad City. The petitioner owned both these final plots, but he disposes of final plot No. 160 by donating it to a Public Trust on the 5th May 1959. Both these final plots of land, according to the petitioner, are situate within the limits of the Ahmedabad Municipal Corporation and are valuable pieces of land in the Town Planning Scheme. They have an excellent situation commanding the meeting of four different roads and are on the bank of river Sabarrnati. The public purpose for which they have been notified tor acquisition is the construction of the office building of the Executive Engineer of the Ahmedabad Irrigation Division.

2. By clause 3 of the said notification the Commissioner has directed under Sub-section (4) of section 17 of the Land Acquisition Act that as the acquisition of the lands notified is urgently necessary, the prov






















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