The plaintiffs respondents preferred an appeal but the First Appellate Court maintained the judgment of the Trial Court and dismissed the appeal.
605 and 605/1 and Census Nos.
From the Judgment and Order dated 8.7.1970 of the Gujarat High Court in S.A. No.
L.A.Q. 1496 were illegal and for injunction restraining the defendants, the Panch of Nain Hamams Pole of Gujarat and the State of Gujarat from doing any act affecting the plaintiffs possession of Municipal Census Nos.
Their companytention is that they were the tenants of respondent No.1 in respect of the acquired land and has raised structures thereupon at their own companyts.
The grievance made by Plaintiff Respondents Nos.1 and 2 was that numbernotice was given to them personally under Section 4 and Section 9 3 of the Land Acquisition Act and that they were number aware of the Land acquisition proceedings till their landlord defendant No.1 told them that possession of these lands were to be handed over to the Government on 22nd July, 1958.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The plaintiffs respondents preferred a second appeal to the High Court and raised the same companytentions.
1464 N of 1972.
These lands were acquired by acquisition proceedings under Land Acquisition Act, 1894.
J. Zaveri for the Respondents.
Not present The Judgment of the Court was delivered by OZA, J. This appeal is by special leave granted by this Court against the judgment of Gujarat High Court at Ahmedabad in Civil Second Appeal No.
A. Shah, Girish Chandra, R.N. Poddar and C.V. Subba Rao for the Appellant.
1335 to 1337 of Shahpur Ward II and the superstructure standing thereon situated in Nain Hamam, Ahmedabad.
1476 of 1958 in the Court of Joint Civil Judge Senior Division , Ahmedabad for declaration that the proceedings and award in land acquisition case No.
2 and 3 filed a suit No.
45 of 1963.
45 of 1963.
Respondents Nos.
Being the tenants in the lands acquired and being the occupants of the structures standing on the lands they were entitled to individual numberices under section 4 1 and 9 3 of the Act and in absence of such numberices, the entire proceedings are vitiated.
