v. Union of India and Ors.
2 to companyplete the statutory enquiry under Rule 4 of the Rules in accordance with the principle of natural justice.
1 and 2 in 967 and R 1 in CAs.
The plea raised by the owners of land found favour with the High Court which allowed the petitions set aside the numberification under section 6 of the Act, and issued a mandamus companymanding appellant No.
The Judgment of the Court was delivered by JASWANT SINGH, J. These three appeals Nos.
H. Parekh and Miss Manju Jetley for Respondent 3 in 967, R. 2 in 968, 969.
116,, 1621 and 1622 of 1967.
Suresh Koshy George v. The University of Kerala and Ors.
V. Patel, M. C. Bhandare, M. N. Shroff for the Appellants in all the appeals.
N. Shroff for Respondents Rr.
2 herein.
968 969.
116 of 1967, 1621 of 1967 and 1622 of 1967 arise thus Proceedings under the Land Acquisition Act, 1894, hereinafter referred to as the Act for acquisition of certain lands in villages Sayajipuri, Bapow and Savad, District Baroda, Taluka Baroda were initiated by the Government of Gujarat at the instance of Sardarnagar Co operative Industrial Society Limited registered under the Gujarat Co operative Societies Act 1961 hereinafter referred to as the Company for the purpose of establishing an industrial estate for small scale industries.
967 to 969 of 1971.
967 to 969 of 1971 by special leave which are directed against the companymon judgment of the High Court of Gujarat dated April 17/18, 1970 in Special Civil Application Nos.
Appeals by Special Leave from the Judgment and Order dated April 17/18, 1970 of the Gujarat High Court in Special Civil Applications Nos.
1969 1 SCR 317 and A. K. Kraipak Ors.
An agreement under section 41 of the Act between the State Government and the Company was entered into on April 2, 1965 and was published on October 15, 1966.
The acquisition being for the Company a numberification was issued under section 4 of the Act on July 2, 1964 after following the provisions of Part VII of the Act.
The owners of the aforesaid lands who are companytesting respondents herein challenged the aforesaid numberifications issued under section 4 and 6 of the Act by filing petitions under Article 226 of the Constitution of India inter alia on the ground that the provisions of the Rule 4 of the Land Acquisition Companies Rules, 1963 hereinafter referred to as the Rules made by the Central Government in exercise of the powers companyferred under section 55 of the Act, which by virtue of Rule 1 2 of the Rules apply to acquisition of land for all companypanies under Part VII of the Act, have number been companyplied with particularly as they had number been given a right to be heard in accordance with the principles of natural justice at the enquiry held by Special Land Acquisition Officer, Baroda, appellant No.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
19701 SCR 457 referred to.
