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1983 Supreme(P&H) 361

S.S.SANDHAWALIA, PREM CHAND JAIN, S.C.MITAL
Kulbhushan Kuman And Co. ,Ahmadgarh – Appellant
Versus
State Of Punjab – Respondent


Judgment

S.S.SANDHAWALIA, J.

1. Would one of the ratios in the Full Bench judgment of Indo Swiss Time Limited V/s. Umrao. AIR 1981 Punj and Hry 213 still hold the field-is the significant question that has necessitated this reference to the larger Bench.

2. To appreciate the aforesaid question in its correct perspective. a somewhat detailed notice of the facts is called for. M/s. Kulbhushan Kumar and Co.- the writ petitioners, had challenged the acquisition proceedings initiated by a notification (annexure P/3), under Sec.4 of the Land Acquisition Act, 1894 (hereinafter called the Act ). for the public purpose of the expansion of Saluja Spinning and Weaving Mills for the manufacture of cotton yarn. anti the subsequent declaration under Sec.6 of the Act vide notification (annexure P/5). dt. March 17/18. 1982. Later ICI/s. Saluja Spinning and Weaving Mills Pvt. Ltd., for whose benefit the acquisition was to be made. filed the present application under O.1. R.10 of the Civil P. C. for being impleaded as a respondent in the Civil Writ Petition. This application was opposed on behalf of the writ petitioners. Undoubtedly, the matter was concluded against the applicants by the Full Bench i






















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