On September 25, 1961, soon after the filing of the writ petition, the appellants obtained an injunction restraining the Government from proceeding with the acquisition.
1070 of 1965.
The appellants were thereupon allowed to amend the writ petition, and by the amended writ petition, they prayed for an order quashing the numberification under s. 6 dated August 14, 1964 as also the numberification under s. 4 dated August 3, 1960.
The numberification dated July 18, 1961 was invalid.
By the issue of this numberification, the Government had number effectively exercised its power under s. 6.
The appellants number appeal to this Court on a certificate granted by the High Court.
The land is the subject matter of a trust of Which appellant No.
Arun H. Mehta, M. N. Shroff and I. N. Shroff, for respondent No.
Appeal from the judgment and order dated April 2, 1965 of the Gujarat High Court in Special Civil Application No.
1 is the trustee and appellants Nos.
The appellants filed the writ petition challenging the aforesaid numberification on this ground.
Niren De, Additional Solicitor General and J. B. Dadachanji for the appellants.
On August 14, 1964, the Government issued a fresh numberification under s. 6 stating that the land was needed to be acquired at the public expense for a public purpose, viz.,
The challenge was Justified and the numberification was liable to be quashed by the Court.
for companystruction of houses for Shri Krishnakunj Government Servants Co operative Housing Society, Ltd., Ahmedabad.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
584 of 1961.
An enquiry under s. 5 A of the Act was duly held, and a report under s., 5A 2 was made to the Government.
The Judgment of the Court was delivered by Bachawat, J. On August, 3, 1960, the Government of Gujarat issued a numberification under s. 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act stating that the land measuring about 7151 sq.
Soon after the cancellation, the Government issued a fresh numberification under s. 6 where, as in this case, the numberification under s. 6 is incompetent and invalid, the Government may treat it as ineffective and issue a fresh numberification under s. 6.
2 to 6 are the beneficiaries.
yards in Final Plot No.
for the housing scheme undertaken by Shri Krishnakunj Government Servants Co operative Housing Society, Ltd., Ahmedabad with the sanction of the Government.
460 of the Town Planning Scheme No.
III of Elisbridge in Ahmedabad taluka city, village Changispur, was likely to be needed for a public purpose, viz.,
This is what, in substances the Government did in this case.
On April 2, 1965, the High Court dismissed the application.
1 and 2.
On July 18, 196 1, the State Government issued a numberification under s. 6 of the Act stating that the land was needed to be acquired for the aforesaid public purpose at the expense of Shri Krishnakunj Government Servants companyoperative Housing Society Ltd. On September, 22, 1961, the appellants filed a writ application in the High Court of Gujarat 437 praying for an order quashing the numberification under s. 6 dated July 18, 1961.
Ganapathy Iyer and B. R. G. K. Achar, for respondent Nos.
The Government had numberintention of withdrawing from the acquisition.
During the pendency of this application, the Government issued a numberification dated April 28, 1964 cancelling the aforesaid numberification dated July 18, 1961.
The cancellation on April 28, 1964 was numbermore than a recognition of the invalidity of the earlier numberification.
