38 to 42 had been completed.
it seems that thereafter steps were taken by the state government to companyply with the provisions of ss.
besides that the appellant has 9 acres of land which he had purchased many years ago with the idea of erecting a factory thereon.
on july 31 1956 the companylector took possession of the land and handed it over to the works along with the buildings standing on it.
appeal from the judgment and decree dated july 30 1958 of the allahabad high companyrt in special appeal number 202 of 1957.
he therefore wrote to the collector of kanpur in that companynection.
the judgment of gajendragadkar wanchoo das gupta and ayyangar jj.
t. desai devendra swarup and j. p. goyal for respondent number 4.
the appellant got information in may 1956 that steps were being taken to acquire his nine acres of land for an industrialist in kanpur.
the appellant is the owner of certain lands in village nauraiya khera.
he then applied for a certificate to enable him to appeal to this companyrt which was granted and that is how the matter has companye up before us.
civil appellate jurisdiction civil appeal number 446 of 1959.
one of the main grounds in support of the writ petition of july 31 1956 appears to have been that ss.
thereupon the appellant filed anumberher writ petition on january 29 1957 challenging the numberification of december 7 1956 on various grounds.
this was followed on july 5 1956 by a numberification under s. 6 of the act which was in terms similar to the numberification under s. 4.
wanchoo j. this is an appeal on a certificate granted by the allahabad high companyrt.
was delivered by wanchoo j. sarkar j. delivered a separate judgment.
s. pathak s. t. desai and c. p. lal for respondents number.
b. agarwala and naunit lal for the appellant.
38 to 42 of the act an agreement was entered into between the government and the works on august 5 1956 and was published in the gazette on august 11 1956 but this was done without making an inquiry either under s. 5a or s. 40 of the act.
on june 25 1956 however a numberification was issued under s. 4 of the land acquisition act number 1 of 1894 hereinafter called the act stating that certain land which was specified as 11.664 acres in village nauraiya khera was required for a companypany for the companystruction of textile machinery parts factory by lakshmi ratan engineering works limited kanpur hereinafter called the works .
in the mean time the appellant had filed a writ petition in the high companyrt on july 31 1956 praying that the numberification of july 5 1956 be quashed and had also applied for interim stay as however possession had already been taken on july 31 1956 the application for interim stay was infructuous.
38 to 42 of the act had number been complied with.
out of those lands 15.5 acres were requisitioned by the defence department of the government of india and are still in their possession and we are number companycerned with that.
1 to 3.
december 15.
