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1964 Supreme(Bom) 40

D.G.PALEKAR, S.P.KOTVAL
Sadruddin Suleman Jhaveri – Appellant
Versus
J. H. Patwardhan. – Respondent


judgment- Kotval, J.

(1) In this Special Civil Application there are challenged two Notification under the Land Acquisition Act whereby the land of the petitioner has been taken by the State of Maharashtra the third respondent before us. On 24th January 1963 a Notification under Section 4 of the Land Acquisition Act, 1894 was issued under the signature of the Commissioner of Bombay Division, the first respondent before us. Since almost every paragraph of this Notifications argued before us it is worthwhile to reproduce the whole of this Notifications. It runs as follows :-

""No. LAQ-B - 7244-B- Whereas it appears to the Commissioner, Bombay Division, that the lands specified in the Schedule herein (hereinafter referred to as the said lands) are needed for a public purpose viz. for development and utilisation of lands as an industrial area.

It is hereby notified under the provisions of Section 4 of the Land Acquisition Act, 1894 (I of 1894), that the said lands, are needed for the public purpose specified above.

All persons interested in the said lands are hereby warned not to obstruct or interfere with any surveyors or other persons employed upon the said lands for the purpose of the s













































































































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