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1976 Supreme(Bom) 65

C.S.DHARMADHIKARI, A.R.SHIMPI
Jamnadas Devsibhai Bhate – Appellant
Versus
Commissioner, Nagpur Division, Nagpur – Respondent


Advocates:
V.M. Kulkarni (In S.C. A. No. 1389 of 1975), B.A. Udhoji (In S.C. A. No. 1486 of 1975), L. Mohta (In S.C. A. No. 1766 of 1975), C.G. Madkholkar (In S.C. A. No. 2065 of 1975), J.N. Chandurkar (In S.C. A. No. 1926 of 1975) and A.M. Gorde (In S.C. A. No. 200 of 1976), for Petitioners; M.M. Qazi, Addl. Govt. Pleader with R.R. Deshpande, for Respondents in all Applns.

Judgement

DHARMADHIKARI, J.:- In Special Civil Application No. 1766 of 1975 as also in the other petitions which were heard along with this Special Civil Application, so far as the common questions of law are concerned, the State Government is acquiring lands belonging to the petitioners as the same are needed or are likely to be needed for the public purpose, namely, providing house sites to landless labourers. It further appears from the notifications issued under Section 4 of the Land Acquisition Act, 1894, referred to hereinafter as the Act, that as the Additional Commissioner, Nagpur was of the opinion that the acquisition of the lands is urgently necessary, he directed under sub-section (4) of Section 17 that the provisions of Section 5-A of the Act shall not apply in respect of the said lands. A schedule is attached to each of the notifications issued under Section 4 of the Act giving details about the landed property. Thereafter in some cases notifications under Section 6 of the Act are issued, whereas in Special Civil Application No. 1389 of 1975 a notice under Section 4 (1) of the Act is issued to the land-holder and it is at that stage he has approached this Court under A
































































































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