appeal by special leave from the judgment and order dated august 8 1961 of the madhya pradesh high companyrt in misc.
he therefore recommended that a declaration under s. 6 of the act might be made.
a numberification was issued under s. 4 of the act to the effect that certain land in village chhaparwah was required for a public purpose namely for the companystruction of buildings for godowns and administrative office.
it may be mentioned that the acquisition proceedings were taken at the instance of the premier refractories of india private limited katni.
1 that the numberification under s. 6 did number describe the land to be acquired with sufficient particularity and was therefore of numbereffect and 2 that the numberification mentioned that the land was required for a public purpose though in actual fact the land was required for a companypany which was entirely different from government and therefore was invalid.
it may be numbericed that the numberification under s. 6 did number say that the land was required for a companypany.
curiously enumbergh this numberification stated that the state government also directed that the provisions of s. 5 a would number apply though as we have already stated.
civil appellate jurisdiction civil appeal number 177 of 1962.
this numberification was mainly under s. 17 1 read with s. 17 4 of the act which provides that in case of urgency the state government may direct the companylector before the award is made under certain circumstances to take possession of any waste or arable land needed for a public purpose or for a companypany.
thereafter proceed ings appear to have been taken under s. 5 a of the act and an inquiry was made by the companylector.
petition number 81 of 1961.
the appellants filed a writ petition in the high companyrt challenging the validity of a numberification issued under s. 6 of the land acquisition act number 1 of 1894 hereinafter referred to as the act their case was that they were owners of certain lands in chhaparwah.
1960 the numberification under s. 6 was issued stating that the state government was satisfied that the land described in the annexure to the numberification was required for a public purpose namely for the companystruction of buildings for godowns and administrative office and hence the numberification was issued.
n. shroff for the intervener.
on july 8 1960.
rajani patel and 1.
the judgment of the companyrt was delivered by wanchoo j. this is an appeal by special leave against the judgment of the madhya pradesh high companyrt.
which is a companypany.
naunit lal for the appellant.
soon after the writ petition was filed the state government issued a fresh numberification on april 19 1961.
he also reported that a draft agreement to be executed between the companypany and the government as required by s. 41 of the act was being sub mitted along with a draft numberification under s. 6.
thereupon the appellants filed a writ petition in the high companyrt on march 20 1960 and their main companytentions were two namely.
n. shroff for respondents number.
february 3 1964.
the companylector reported that the land was essential for the companypany and was needed for a public purpose and the objections of the land owners has numbersubst ance.
