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1970 Supreme(Goa) 4

V.S.JETLEY
Chowgule Real Estate and Construction – Appellant
Versus
Govt. of Goa, Daman and Diu – Respondent


Advocates:
S.V. Shrinathan, for Petitioner; J. Dias, Govt. Pleader, for Respondents.

ORDER :- The petitioner company seeks a certificate for leave to appeal to the Supreme Court under sub-clauses (b) and (c) of Article 133 (1) of the Constitution. The appeal proposed to the Supreme Court is against the judgment passed by this Court dated 23rd August, 1969,* whereby the petition by the petitioner company under Article 226 of the Constitution was rejected. The material facts and the reasons why it was rejected are stated at some length in that judgment. The relief sought was that the order dated 19th November, 1964, requisitioning a plot of land described as waste land under Section 29 (1) of the Defence of India Act, 1962, containing a quarry belonging to the petitioner-company, situated in village Chikalim, measuring about 1,9030 hectares, be quashed by an appropriate writ etc., as the same is not valid. The following questions arose for consideration in that petition :-

"(1) that the impugned order for an indefinite period of time and a refusal to derequisition the same amounts to an arbitrary and colourable exercise of powers especially because the quarry is subject to the law of diminishing return;

(2) that the impugned order is bad as requisite opinion was not fo














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