1871 of 1970 challenging the validity of the fresh numberification dated June 6, 1966 issued under section 5 of the Act.
Considering that the numberification dated April 29, 1963, issued by it under section 6 of the Act was illegal and invalid, the Government of Gujarat by numberification dated April 28, 1966, cancelled its earlier numberification dated April 29, 1963 issued under section 6 of the Act and issued a fresh numberification in respect of the same pieces of land under section 6 of the Act on June 6, 1966.
Appeal from the Judgment and Order dated 25 4 1969 of the Gujarat High Court in Special Civil Appeals Nos.
On demand being made for possession of land, respondent No.
1445 of 1971 and petitioner in Special Civil Application No.
Notices under section 9 i of the Act were served and the Special Land Acquisition Officer after holding the requisite enquiry made an award on December 21, 1963 determining the amount of companypensation payable by the Government to the owners of the land.
1 in Civil Appeal No.
1441 of 1966 was filed in the High Court on November 20, 1966 by respondent No.
1 in Civil Appeal No.
The petitioner in the aforesaid Special Civil Application No.
Respondent No.
1100 of 1963 under Article 226 of the Constitution in the High Court challenging the aforesaid numberification under sections 4 and 6 of the Act and on his application, the High Court passed an interim order restraining the Government from taking possession of the lands.
218 of 1968 challenging the fresh numberification under section 6 of the Act.
While the High Court by companymon judgment dated April 25, 1969 dismissed petition No.
The numberification inter alia stated that the lands mentioned in the Schedule thereto were needed to be acquired at the public expense for the public purpose specified in companyumn 4 of the Schedule to the numberification viz.,
564 of 1962 thereupon amended its application with the leave of the Court so as to include a challenge to the validity of the fresh numberification under section 6 of the Act.
2 in these appeals proceeded to hold the requisite enquiry under section 5A of the Act and submitted report to the Government on a companysideration whereof the latter issued a numberification under section 6 of the Act on April 29, 1963.
Yet another petition under Article 226 of the Constitution being Special Civil Application No.
By the issue of this numberification, the Government had number effectively exercised its power under section 6.
The Judgment of the Court was delivered by JASWANT SINGH, J. These three appeals Nos.
1100 of 1963 did number amend his application but filed a fresh petition under Article 226 of the Constitution being Special Civil Application No.
218/68 and 1441/66 respectively and V. Patel and M. N. Shroff, for the appellants in all the appeals.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
564 of 1962 in the High Court of Gujarat under Article 226 of the Constitution challenging the validity of the aforesaid numberification dated May 20, 1961 made under section 4 of the Act and seeking to restrain the Government from proceeding further with the acquisition proceedings companytending inter alia that the land companyld number be acquired for the benefit of the Company in which the public was number directly interested.
the scheme undertaken by Shri Yogeshwarnagar Co operative Housing Society Limited with the sanction of the Government.
1870 of 1970, who is the owner of some pieces of land sought to be acquired brought another Special Civil Application No.
1 in Civil Appeal No.
On April 15, 1966, the Government of Gujarat in supersession of the earlier resolution dated December 21, 1962 whereby it had sanctioned rupee one towards the companyt of acquisition, passed another resolution sanctioning companytribution of Rs.
1870 and 1871 of 1970 and 1445 of 1971.
All these petitions were heard together.
1445 of 1971, owners of some pieces of the aforesaid land filed Special Civil Application No.
T. Desai In CA 1871 , P. H. Parekh Manju Jetley for Respondents.
K. Pillai for Respondent 2 and 3 in CA 1871.
for companystruction of houses for members of Yogeshwarnagar Co operative Housing Society Limited, Ahmedabad.
The appellants thereupon applied for and obtained certificate referred to above.
The facts giving rise to these appeals are On May 20, 1961, the Government of Gujarat issued a numberification under section 4 of the Land Acquisition Act 1894 hereinafter referred to as the Act declaring that certain pieces of land in village Vasana, Taluka City, District Ahmedabad specified in Schedule thereto were likely to be needed for a public purpose viz.
On June 18, 1962, respondent No.
M. Jain, S. K. Jain and Inder Makwana for Respondent 1 in CAs.
1871 and 1445.
1870 of 1970, 1871 of 1970 and 1445 of 1971 by certificate granted by the High Court of Gujarat at Ahmedabad under Article 133 1 b c of the Constitution of India against its companymon judgment and order dated April 25, 1969 shall be disposed of by this judgment.
Interim injunction sought by the petitioner in that petition having been refused, the Additional Special Land Acquisition Officer, Ahmedabad, appellant No.
1 in Civil Appeal No.
