In support of this appeal, the learned companynsel for the appellant, Dr. Chitale, has argued two points before us.
Thereafter, the appellant filed an appeal before the Letters Patent Bench which companyfirmed the view taken by the Single Judge and dismissed the appeal mainly on the ground that the appellant had numberlocus standi to file the appeal before the Bench inasmuch as it was number a person interested within the meaning of s. 18 1 of the Act.
Appeal by Special Leave from the Judgment and order dated 23 7 1970 of the Bombay High Court in Appeal No.
Y. S. Chitale, P. G. Gokhale and B. R. Agarwal for the Appellant.
S. Desai, Mrs. Urmila Sirur far the Respondent Nos.
Admittedly, the appellant did number appear before the Single Judge in the writ petition filed by the respondents and the petition was company tested only by the State.
Ex parte for the RR 4 and 5.
13 of 1965.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The facts of the case lie within a narrow Compass and may briefly summarized as follows The appellant was a private companypany which was carrying on the business of manufacture and sale of artificial marbles and tiles and other accessories at village Majas Mogra, Jogeshwari, East Bombay.
The Judgment of the Court was Delivered by FAZALALI, J. This appeal by special leave is directed against a judgment dated November 3, 1970 of the Bombay High Court dismissing the Letters Patent Appeal filed by the appellant Against a decision of a Single Judge allowing a writ petition filed by the first respondent.
On December 11, 1961, a letter was written on behalf of the Government informing the owner of the acquired land that possession would be taken on or about the 12th of January 1962.
In pursuance of these numberifications the acquisition proceedings went on which culminated in an award made under s. 12 of the Act on April 11, 1961, which was published in the State Gazette on April 18, 1961.
Sometime in 1957 or 1958 the companypany moved the Government for acquiring additional land for purposes of the Company.
Accordingly, on the 7th January, 1958, the Government issued a numberification under section 4 of the Land Acquisition Act, 1894 hereinafter referred to as the Act which was followed by a separate numberice by the Land Acquisition officer acquiring the land in dispute.
This was followed by another numberification under s. 6 of the Act which was served on the respondent on the 25th January, 1960.
The Company Was spread over about 10 acres of land.
1098 of 1971 .
The plea taken by the first respondent found favour with the Single Judge who allowed the writ petition and quashed the land acquisition proceedings alongwith the numberifications mentioned above.
