1 to 3.
V. Gupte, H. H. Chatrapati and B. Datta, for the appellants, S. Bindra and S. P. Nayar, for respondents Nos.
133 l c of the Constitution this appeal is preferred by the appellants.
The Judgment of the Court was delivered by Shah, J. The appellants are owners of China Baug situated on the southern bank of the river Sabarmati within the limits of the Municipal Corporation of Ahmedabad.
Sen and M. N. Shroff, for respondent No.
LAppeal from the judgment and order dated July 28, 29, 30.
The Ahmedabad Municipal Corporation resolved to move the State Government to acquire a part of the land of the appellants for setting, up a Samadlyi of Mahatma Gandhi.
With certificate granted by the High Court under Art.
622 of 1961.
Enquiry was made under s. 5A of the Land Acquisition Act and after receiving the report of the Collector, the Commissioner.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1965 of the Gujarat High Court in Special Civil Application No.
Baroda Division of the State of Gujarat who by virtue of the Bombay Reorganization Act, 1960, was the appropriate authority issued a numberification under S. 6 of the Land Acquisition Act on August 31, 1961, that the lands were required for the public purpose specified in companyumn 4 of the schedule to the numberification i.e. Memorial of Mahatma Gandhi.
The appellants moved a petition in the High Court of Gujarat for a writ quashing the proceeding under the Land Acquisition Act and the two numberifications dated September 10, 1959 and August 31, 1961 and for a writ restraining the Commissioner.
On September 10, 1959, the Commissioner.
for The Memorial of Rashtrapita Mahatma Gandhi It is hereby numberified under the provisions of Section 4 of the Land Acquisition Act, 1894 1 of 1894 that the said lands are likely to be needed for the purpose specified above.
1102 of 1967.
Baroda Division, and the Government of the State of Gujarat from enforcing the numberifications.
The High Court rejected the petition.
