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1969 Supreme(Guj) 33

P.N.BHAGWATI, N.K.VAKIL
Doongarsee and Sons – Appellant
Versus
State of Gujarat – Respondent


Advocates:
V.S. Parikh and S.B. Vakil, for Petitioner respectively in Nos. 564 of
1962 and 218 of 1968; S.B. Vakil, for Petitioner in No. 1100 of 1963; A.H. Mehta, for Petitioner in No. 1441 of 1966; J.M. Thakore, Advocate General with Addl. Govt. Pleader, for Respondents Nos. 1 and 2 in all the Petns. M.C. Nanavati, for Respondent No. 3 in all the Petns. Attorney General served in No. 564 of 1962.

Judgement

BHAGWATI, C. J. :- The petitioners are owners of different pieces of land forming one compact block situate at village Vasana, City Taluka, Ahmedabad District. The third respondent society is a co-operative housing society formed with the object of enabling its members to construct houses and registered under the Bombay Co-operative Societies Act, 1925 - now deemed to be registered under the Gujarat Co-operative Societies Act, 1961. The petitioners' lands being well situate, the third respondent society moved the State Government to acquire the petitioners' lands for construction of houses by its members and the State Government accordingly issued a notification dated 20th May, 1961 under Section 4 stating inter alia that the petitioners' lands were likely to be needed for a public purpose, namely, for construction of houses for members of Shri Yogeshwar Co-operative Housing Society Ltd. Within thirty days of the issue of this notification some of the petitioners filed their objections against the proposed acquisition of their lands and the Collector after holding an inquiry made his report to the State Government under Section 5-A, sub-section (2). The petitioners who are


























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