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1969 Supreme(MP) 133

A.P.SEN, T.P.NAIK, SHIV DAYAL
Christian Fellowship – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
R.K.Pandey, K.P.Munshi

JUDGMENT :

A. P. Sen j.

( 1. ) This matter comes on a reference by Naik and Shiv Dayal jj. of the following questions : (1) Whether, under the facts and circumstances of the case, the notification under section 4 of the Land Acquisition Act was invalid, for the reason that the locality where the land was situate was not specified therein ? (2) Whether, under the facts and circumstances of the case, the afore- said objection was open to the petitioner ? (3) Whether, in the event of the notification under section 4 of the Land Acquisition Act being invalid for the aforesaid reason, the land acquisition proceedings are liable to be quashed ? Their difference lies on the construction of the expression "land in any locality" appearing in section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the "Act"). That section provides as follows : "4. (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in



























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