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1974 Supreme(Ori) 56

S.ACHARYA, S.K.RAY
Titagarh Paper Mills Co. Ltd. – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
D.P. Mohanty, for Petitioners; Standing Counsel and A. K. Mukherjee, for Opposite Parties.

Judgement

S. K. RAY, J. :- The petitioner is a Company registered under the Indian Companies Act, 1913. Its main business is manufacture of paper. It wanted to set up a Paper Mill at Chaudwar and needed land for that purpose. So it applied to the Government of Orissa for land and the latter agreed to acquire land for it and took recourse to the provisions of the Orissa Development of Industries Irrigation, Agriculture, Capital Construction and Resettlement of Displaced Persons (Land Acquisition) Act, 1948 (Act 18 of 1948) (hereinafter called the Act) for speedy acquisition of land by issuing a notification under Section 2 (c) of the Act declaring the project of setting up of a Paper Mill at Chaudwar to be included within the expression "Development of Industries", for the purpose of invoking the provisions of the Act. The Government in the Revenue Department then issued a Notification No. 5873-XVII-209/ 55-D dated the 19th August, 1955 under Section 3 (1) of the Act stating that 541.05 acres were required to be acquired speedily for the Company for development of Industries, namely, for establishment of a Paper Mill as Chaudwar, (Annexure-1). By another notification No. 6940-XVII-20












































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