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1990 Supreme(Guj) 29

K.J.VAIDYA, S.B.MAJMUDAR
KIKABHAI UKABHAI PATEL – Appellant
Versus
STATE – Respondent


Advocates Appeared: M.D.PANDYA, S.B.VAKIL

K. J. VAIDYA, S. B. MAJMUDAR, J.

( 1 ) TWO petitioners through their power of attorney have filed this petition under Art. 226 of the Constitution of India challenging notifications under Sec. 4 and 6 of the Land Acquisition Act 1894 (the Act for short ). Section 4 notification was dated 22 1982 which was gazetted on 12-5-1983 and there was further gazetted notification on 16-8-1983. It is at Annexure E to the Petition. By the said notification lands of the petitioners amongst others were sought to be acquired by the respondent-State of Gujarat they were likely to be needed for a public purpose i. e drainage disposal scheme of the respondent-Municipal Corporation. This notification was followed by notification under Sec. 6 dated 7-2-1986. The said notification is at Annexure F to the petition. In the said notification under Sec. 6 it was provided that Government was pleased to direct under sub-sec. (1) of Sec. 17 of the Act that the Collector shall on expiration of fifteen days from the publication of the notice relating to the said lands under sub-clause (1) of Clause 9 of the Act take possession of all the lands specified in the Government notification mentioned therein. Thereafte












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