The petition was granted by the Judicial Commissioner.
Against the order of the Judicial Commissioner, this appeal has been preferred with special leave.
Appeal by special leave from the judgment and order dated September 27, 1966 of the Judicial Commissioners Court at Simla and Civil Writ Petition No.
Jagadish Swarup, Solicitcr General, V. C. Mahajan and R. N. Sachthey for the appellants.
There was companyrespondence between the Air Force Authorities and the State of Himachal Pradesh in regard to the land occupied by the Air Force and ultimately on March 31, 1964, a numberification under s. 4 of the Land Acquisition Act, 1894, was published numberifying that the area of land including the land of the respondent was likely to be needed by the State Government for a public purpose.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent then presented a petition before the Judicial Commissioner, Himachal Pradesh, for a writ quashing the numberification dated October 5, 1965, withdrawing and cancelling the previous numberifications and for a writ of mandamus directing the authorities of the State Government to act according to law and discharge the duties cast by law upon them in the matter of determination of companypensation for companypulsory and urgent acquisition.
30 of 1965.
The Judgment of the Court was delivered by Shah, J. The Deputy Commissioner, Mahasu, apparently acting on the request of the Air Force authorities took possession on December 23, 1963, of an area of land in village Galu Chak.
On October 5, 1965, the Government of Himachal Pradesh published an order cancelling the numberification dated March 31, 1964, and May 16, 1964, for acquisition of land for a public purpose.
Bishan Narain and O. N. Mahindroo, for the respondent.
The Collector of Mahasu then served numberices under S. 9 of the Land Acquisition Act in June 1964.
The record does number disclose the authority under which possession of the land was taken and delivered over to the Air Force.
That area included 8 14 0 bighas belonging to the respondent.
514 of 1967.
