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1979 Supreme(MP) 77

M.L.MALIK, S.K.SETH
STATE OF M. P. – Appellant
Versus
SUGANDHI – Respondent


Advocates Appeared:
K.M.AGRAWAL, M.V.TAMSKAR, R.P.SINHA

MALIK, J.

( 1 ) THE two First Appeals Nos. 213 of 1973 and 49 of 1972 are being disposed of by this common judgment.

( 2 ) THE facts may be briefly stated the Post Master General, Central Circle, nagpur, wrote to the Collector, Raipur, on 9-11-1961 that land measuring 19500 square feet out of Nazul plots Nos. 2/11 and 2/24 was required for an auto Exchange building and that steps be taker-for its acquisition. The usual notifies ions under section 4 read with Section 17 (4) and section 6 of the Land acquisition Act were issued on the 20th August, 1962 and 21st December, 1962 respectively. Thereafter, public notices were issued as contemplated by Section 9 (1) of the Act on 7-11-1962 (sic) (1963?) and 29-1-1963 (See Ex. P-31 and ex. P-30 ). Special notice came to be giver to Radhabai alone vide Ex. P-32 which was served on her through her husband Birdichand on 4-1-1963. Radhabai appeared before the Land Acquisition Officer and objected to acquisition of some portion of the land over which stood a private Jain temple. She even filed B petition in the High Court under Article 226 of the Constitution calling in question the acquisition proceedings. The writ petition failed. However, tha






























































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