KRISHNAKUMAR MILLS COMPANY LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant challenged the acquisition of his lands bearing plot Nos. 116/1, 116/2, 117 and 119 for a public purpose of "establishing Industrial area by the Gujarat Industrial Development Corporation". The acquisition was made not only of the appellant's lands but also of a fairly extensive area of lands belonging to others, for the purpose above mentioned. The Development Corporation has been constituted under the Gujarat Industrial Development Act, 1962 (Act 23 of 1962) for the purposes mentioned therein.

(2.) The appellant challenged the acquisition mainly on two grounds. According to the appellant the Gujarat Act 23 of 1962 was not valid and secondly the purpose of the acquisition cannot be considered to be for a public purpose.

(3.) These contentions were rejected by the High court in the Order under attack. So far as the vires of the Act is concerned, it is concluded against the appellant by the decision of this court reported in Sri Ramnatanu Co-operative Housing Society and Another v. State of Maharashtra. So far as the second contention is concerned that also is covered by the decision of this court reported in Smt. Somavanti and. Others v. The State of Punjab and Others, which is against the appellant. Therefore, both the contentions taken before the High court are no longer available to the appellant.