STATE OF GUJARAT Vs. PATEL CHATURBHAI NARSIBHAI

JUDGEMENT

(1.) This appeal by certificate raises the question whether the notifications dated 29 September, 1965 and 18 January, 1969 issued under Ss. 4 and respectively of the Land Acquisition Act hereinafter referred to as the Act are lawful.

(2.) In 1960 there was a request by the respondent Baroda Industrial Development Corporation hereinafter referred to as the Company to the State for acquiring land for expansion of the Industrial Estate of the Company. The Special Land Acquisition Officer, Baroda expressed the opinion that the acquisition was necessary as the land was adjoining the occupied land of the Company and that was the only land available.

(3.) On 4 March, 1961 there was a notification under Section 4 of the Act. On 22 August, 1961 there was an agreement between the State Government and the Company in accordance with the provisions contained in Section 41 of the Act.