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1970 Supreme(P&H) 126

H.R.SODHI
Suresh Verma – Appellant
Versus
State Of Punjab – Respondent


Judgment


1. This is a petition against the State Government asking for the quashing of the notifications whereby land of the petitioner measuring about 2352 square yards situate in the estate of village Saleem Tabri, Tahsil and District Ludhiana, was acquired under the Land Acquisition Act, 1894 . (hereinafter called the Act ).

2. The case of the petitioner is that he purchased this piece of land and leased out the same to Burmah Shell Company for a term of 20 years with effect from 1st February, 1968, on a monthly rent of Rs.220/- to enable them to install petrol and diesel pumps. He has placed on the record a letter. Annexure a from the Burmah Shell Company to show that the averment that he had rented out the land to the said Company is correct. There is no dispute with regard to this averment but what we find is that the State Government issued two notifications on 10th June, 1968, one purporting to be under Sec.4 of the Act and the other under Sec.17 dispensing with the necessity of following the procedure in the matter of hearing objections as envisaged in Sec.5-A of the Act. Sec.17 gives special powers in cases of urgency and at the time of issue of these notifications the Gov





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