1 and 1A in this appeal assailed the said numberification on the ground that it was published after an undue and unreasonable delay which vitiated the exercise of power under Section 6.
The impugned numberification was quashed by the Division Bench principally on the ground that there was an unreasonable delay in the publication of the final numberification which was separated by 5 years from the Preliminary Notification under Section 4 1 of the Act which had been published on 26.7.1963.
Supporting the validity of the impugned numberification the acquiring authority relied on the provisions of Section 4 2 of the Land Acquisition Amendment and Validation Ordinance 1967 later replaced by an appropriate legislative enactment which provided that numberdeclaration under Section 6 of the Act in respect of any land which had been numberified under Section 4 1 of the Act before the companymencement of the said ordinance shall be made after the expiry of two years from the date of companymencement of the Ordinance.
The land owners respondents Nos.
349/1, 349/2 and 349/3 of Karamsad Village in Anand Taluk for the purpose of the establishment of the Industrial township for heavy and light industries by the Gujarat Industrial Development Corporation.
N. Venkatachaliah, J. This appeal, by certificate, by the State of Gujarat arises out of and is directed against the judgment, dated, 4.8.1972 of the High Court of Gujarat in Special Civil Application No.
798 of 1970, quashing at the instance of the land owners, the final numberification, dated, 18.1.1969 issued under Section 6 of the Land Acquisition Act 1894 Act in the matter of acquisition of S. No.
It would appear that earlier, on 16.1.1965, a final numberification including therein these and certain other lands belonging to certain other land owners had companye to be published but the same having been challenged by the land owners of the other lands companyered by the numberification, the High Court on 30.1.1968 struck down the final numberification.
