MADHUSUDAN GHHOTALAL PATEL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) J:- The appellant questioned the validity of notification dated March 31, 1958 and another notification dated December 29, 1962 under Sections 4 and 6 respectively of the Land Acquisition Act in Special Civil Application No. 228 of 1963 filed in the Gujarat High Court at Ahmedabad on the following grounds:]

(2.) These grounds did not find favour with the High Court and the special civil application was dissmissed. Upon certificate granted under Article 133 (1) (b) the present appeal is filed.

(3.) Mr. Bhandare, learned counsel for the appellant canvassed the same two contentions before us. It is not necessary to examine them in an elaborate manner. The main gravamen of the charge was that the whole of plot No. 31 which was under acquisition could not be required for a road 30 ft. in width. In a detailed affidavit, filed on behalf of the Ahmedabad Municipal Corporation for whose benefit the acquisition was made, it was pointed out that the plot is required for road 60 ft. wide, walking platform by the side of it again 60 ft. in width and a sevice platform 30 ft. in width and that this should cover the entire plot which is 188 ft. in width at one end and 204 ft. in width at other end and 237 ft. in length. Further, it transpired from the affidavit that the acquisition forms part of a Town planning Scheme which envisages not only a road, a walking platform, a sevice platform along the river Sabarmati between the two termini Mahatama Gandhi Bridge and Ellis Bridge along with a neighbourhood Centre, Public Garden and a playground. The High Court accepted these averments. These findings are incontrovertible. The High Court rightly rejected the contention of the appellant that the entire plot was not required for the purpose for which it was acquired. This finding also answere the second limb of the submission that the acquisition is in excess of the requirement.