1 of 1894 hereinafter referred to as the Act by the Commissioner of Baroda acting under powers entrusted to him by an order of the President under Art.
yards out of this plot was needed for the companystruction of a telephone exchange building.
By this numberification the Commissioner numberified that 3,200 sq.
145 of 1961.
132 1 and 133 1 c of the Constitution granted by the High Court, this appeal has been preferred.
Appeal from the judgment and order dated September 14, 1962, of the Gujarat High Court in Special Civil Application No.
S. Pathak, G. Dutta, J.B. Dadachanji, O.C. Mathur and Ravinder Narain, for the appellant.
372, the Land Acquisition Act 1 of 1894 relating to companypulsory acquisition of land for public purposes companytinues to remain in force.
226 and 227 of the Constitution for a writ of mandanius or other appropriate write setting aside the numberifications dated September 1, 1960, and January 11, 1961, and the proceedings under s. 5A of the Land Acquisition Act,1 of 1894, held in respect of the land of the appellant and the decision of the Commissioner Baroda Division, and for a writ setting aside the numberification dated January 19,1961, under s. 6 1 of the Land Acquisition Act and for interim relief.
K. Daphtary, Attorney General, N.S. Bindra and R.H. Dhebar, for the respondents.
was delivered by Wanchoo J. SHAH J. By numberification published on September 1, 1960 under s. 4 1 of the Land Acquisition Act 1 of 1894, the Commissioner, Baroda Division, State of Gujarat, exercising functions entrusted to him under a numberification dated July 24, 1959, issued by the President, under Art.
258 1 of the Constitution, numberified that a piece of land Part of Final Plot No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Thereafter necessary action was taken under s. 5A of the Act and the Commissioner made a numberification under s. 6 of the Act on January 12, 1961, after companysidering the report of the Collector appointed under the earlier numberification under s. 4 and by this numberification the Commissioner specified that 3,387 sq.
With certificate of fitness under Arts.
The appellant then moved the High Court of Gujarat under Arts.
By the Constitution as amended by the Seventh Constitutional Amendment Act, 1956, legislative power in respect of acquisition and requisitioning of report is vested.
November 5, 1963.
The appellant filed objections to the proposed acquisition.
Thereafter on February 22, 1961, the appellant filed the writ petition out of which the present appeal has arisen and he challenged the numberification under s. 6 of the Act on three main grounds, namely The numberification dated July 24, 1959, under Art.
Notice was thereafter served by the Additional Special Land Acquisition Officer, Ahmedabad who was appointed by the order of the Commissioner to perform the functions of a Collector , upon the appellant under s. 5A of the Act inviting objections to the acquisition of the land.
The Judgment of P.B. Gajendragadkar, J.C. Shah and Raghubar Dayal JJ.
This petition was dismissed by the High Court.
was delivered by Shah J. The dissenting Opinion of K.N. Wanchoo and Subba Rao JJ.
It may be useful to set out certain statutory provisions in the companytext of the relevant companystitutional set up.
104 of 1963.
Further by this numberification the Commissioner appointed the Additional Special Land Acquisition Officer, Ahmedabad to perform the functions of the Collector under s. 5A of the Act in respect of this land.
On September 1, 1960, a numberification was issued under s. 4 of the Land Acquisition Act, No.
This is an appeal on a certificate granted by the Gujarat High Court.
