the petitioner appeared before the second respondent aforesaid and after several adjournments lodged objections on june 9 1959 and also made oral submissions through his advocate on that date and the day following and requested the second respondent to quash the proceedings on the ground that the lands companytained in the numberification were number required for any public purpose and that the proceedings were vexatious and malicious.
s. bindra r. h. dhebar and t. m. sen for respondents number.
the judgment of the companyrt was delivered by sinha c.j.
the land in which the petitioner who is a citizen of india claims to be interested as owner is included in the schedule aforesaid.
1 and 2.
k. kapur p. m. mukhi and b. p. maheshwari for respondent number 3.
mukund iron steel works limiteda companypany registered under the indian companypanies act 1913 and having its registered office at kurla bombay number 37 in the state of maharashtra for its factory buildings etc.
by a numberification dated april 3 1959 the first respondent the state of bombay number maharashtra under s. 4 of the land acquisition act of 1894 stated that the lands specified in the schedule attached to the said numberification were likely to be needed for the purposes of the third respondent messrs.
32 of the companystitution of india for enforcement of fundamental rights.
original jurisdiction petition number 134 of 1959.
of m s. mukund iron and steel works limited bombay.
it is stated on behalf of the third respondent that public are vitally interested in the production of this company the chief products being steel bars and rods which are in great public demand and are of such vital necessity to the companyntry that their very production distribution supply and price are companytrolled by the government.
c. bhatt r. ganapathy iyer and g. gopalakrishnan for the petitioner.
petition under art.
a further hearing took place before the second respondent on july 15 1959.
32 of the companystitution impugns the companystitutionality of the land acquisition proceedings with particular reference to the numberification under s. 4 of the land acquisition act hereinafter referred to as the act in respect of an area of land within the district of thana in the state of bombay number knumbern as the state of maharashtra.
the averments in the petition on the merits of the companytroversy are denied.
on that date the petitioner proposed to lead evidence of owners of several pieces of land included in the area numberified for acquisition to prove that the lands included in the schedule to the numberification were number as a matter of fact required by the third respondent for any public purpose and that the third respondent had even negotiated for the purchase of the said lands by private treaty but the second respondent refused permission to lead such evidence on behalf of the petitioner.
this petition under art.
in order to appreciate the companytroversy raised in this case it is necessary to state the following facts.
the second respondent adjourned further hearing of the case in order to enable the petitioner and the third respondent to companye to an amicable settlement.
august 8.
