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1969 Supreme(Guj) 56

VAKIL, S.H.SHETH
Balwantrai Chunilal Bhatt – Appellant
Versus
State of Gujarat – Respondent


Advocates:
A.H. Mehta with S.R. Divetia, for Applicants; S.N. Shelat, Asstt. Govt. Pleader with M.G. Doshit, Addl. Govt. Pleader, for Opponents Nos. 1 and 3; M.D. Pandya, for G.N. Desai, for Opponent No. 2.

Judgement

VAKIL, J . :- This writ petition is directed against the notification dated 19th December 1957 issued under Section 4 of the Land Acquisition Act, 1894, with the urgency clause and also notification under Section 6 of the Land Acquisition Act dated 5th of August 1958 issued without complying with the provisions of Section 5-A thereof. The petitioners are owners and occupants of land bearing S. Nos. 217-A and 448 of Rajpur-Hirpur admeasuring 4 acres 23 gunthas and 0 acre 17 gunthas, respectively. The 2nd respondent-Municipal Corporation of the City of Ahmedabad, passed a resolution No. 630 of 1957 dated 20th November. 1957, regarding acquisition of the lands of the petitioners together with other lands for the project of slum clearance, housing and road. Consequent upon the resolution, the then Government of Bombay was moved to take proceedings under the provisions of the Land Acquisition Act (hereafter referred to as 'the Act') for acquisition of the said survey numbers along with others. Thereafter, the Government of Bombay issued two notifications under Section 4 of the Act. One of the notifications whereby the lands of the petitioners were also sought to be acquired con











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