P. N. BHAGWATI, N. G. SHELAT, J.

( 1 ) THIS is a petition for an appropriate direction order or writ for quashing and setting aside a notification dated 18th August 1961 purporting to acquire certain land belonging to the petitioners. The principal point involved in the petition raises a question as to the validity of sec. 3 (4) of the Bombay Commissioners of Divisions Act 1957 (hereinafter referred to as the Commissioners Act) and two notifications issued by the State Government under that section one dated 5th September 1958 and the other dated 22nd September 1958 but there are also several subsidiary points taken in the petition and in order to understand and appreciate them it is necessary to set out the facts giving rise to the petition in some detail.

( 2 ) THE petitioners are owners of a certain property known as China Baug bearing Survey Nos. 348b and 349 situate at Dariapur Kazipur Ahmedabad The said property is situate on the bank of the river Sabarmati and adjoins a vast area of open land appurtenant to the Water Works. The ashes of Mahatma Gandhi were immersed in the river Sabarmati at a spot near the said property. In or about the beginning of 1957 the Municipal Corpora

Click Here to Read the rest of this document