STATE OF GUJARAT Vs. PUNJABHAI NATHUBHAT

JUDGEMENT

(1.) This appeal, by certificate, by the State of Gujarat arises out of and is directed against the judgment, dated August 4, 1972 of the High Court of Gujarat in Special Civil Application No. 798 of 1970, quashing, at the instance of the land owners, the final notification, dated January 18, 1969 issued under Sec. 6 of the Land Acquisition Act, 1894 ('Act') in the matter of acquisition of S. Nos. 349/1, 349/2 and 349/3 of Karamsad village in Anand taluka for the purpose of the establishment of the 'Industrial township for heavy and light industries' by the Gujarat Industrial Development Corporation.

(2.) The impugned notification was quashed by the Division Bench principally on the ground that there was an unreasonable delay in the publication of the final notification which was separated by 5/4 years from the preliminary notification under Sec. 4(1) of the Act which had been published on July 26, 1963.

(3.) It would appear that earlier on January 16, 1965, a final notification including therein these and certain other lands belonging to certain other land owners had come to be published; but the same having been challenged by the land owners of the other lands covered by the notification, the High Court on January 30, 1968 struck down the final notification. A fresh final notification, insofar as the lands concerned in the present case was issued on January 18, 1969. The land owners - respondents Nos. 1 and 1-A in this appeal - assailed the said notification on the ground that it was published after an undue and unreasonable delay which vitiated the exercise of power under Sec. 6.