The aforesaid order of companypulsory acquisition was pub lished in the official gazette of January 25, 1968 and in the local newspapers of February 10/11, 1968.
Individual numberices were also served on the companycerned parties in ac companydance with law inviting objections from the owners in cluding the appellants which were lodged in due companyrse.
Appeal by Special Leave from the judgment and order dated 31 3 1975 of the Gujarat High Court in Special Civil Application No.
The learned Judge of the City Civil Court did number accede to the companytention and by his order of April 10, 1974, held that the principles of natural justice were satisfied in this case inasmuch as they had been given an opportunity to submit their objections to the acquisition.
These objections were submitted to the Standing Committee by the Commissioner with his suggestions and the Committee by its resolution No.
The State Government thereafter companyfirmed the said order on January 6, 1972.
Even so a period of nearly five years was taken in the process of finalising the order.
7 1003 Sc1176 The appellants preferred an appeal to the City Civil Court at Ahmedabad and amongst several other grounds raised the question of the denial of personal hearing to them.
It is companymon ground that numberpersonal hearing was given to the appellants with regard to their objections by the Commissioner.
The appellants then took the matter to the High Court of Gujarat under article 227 of the Constitution where the same grievance as to the denial of personal hearing was reiterat ed.
The High Court by its order of March 31, 1975 refused to interfere with the order holding that section 5A of the Land Acquisition Act was duly companyplied with.
L. Sanghi, K.J. John, S.R. Kureshi and D. N, Mishra, for the appellants.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
N. Shroff and H.S. Parihar, for Respondent No.
431 of 1976.
11 to 25 of Town Planning Scheme No.
It is averred by the appel lants that this area is predominantly a companymercial area and is almost fully built upon.
Out of this area the land belonging to the appellants measures about 1694 sq.
The appellants had requested for a personal hearing with regard to their objections and their grievance is that the same was denied to them.
The Judgment of the Court was delivered by GOSWAMI, J. The only question that arises in this appeal by special leave is whether the order of acquisition passed by the Municipal Commissioner under section 284J of the Bombay Provincial Municipal Corporations Act, 1949, as applicable to Gujarat, is invalid and void for number compli ance with section 5A of the Land Acquisition Act, 1894.
of land final plots Nos.
N. Shroff, for Respondent No.
In pursuance of this authority of the Corporation the Commissioner passed the impugned order of companypulsory acquisition on October 9, 1967, under section 284J of the Bombay Act in respect of 33,357 sq.
The Municipal Corporation of the city of Ahmedabad briefly the Corporation by its resolution of December 15, 1966, authorised its Commissioner under section 2841 of the Bombay Provincial Municipal Corporations Act 1949 briefly the Bombay Act to provide housing accommodation for the poorer classes.
1942 of January 21, 1969, approved the said order of companypulsory acquisition.
V of Dariapur, Kazipur Ward.
2355 of 1974 .
