KANAIYALAL MANEKLAL CHINAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants are owners of "China Baug" situated on the southern bank of the river Sabarmati within the limits of the Municipal Corporation of Ahmedabad. The Ahmedabad Municipal Corporation resolved to move the State Government to acquire a part of the land of the appellants for setting up aSamadhi o/Mahatma Gandhi. On September 10, 1959, the Commissioner, Ahmedabad Division, in the State of Bombay, issued a notification under sec. 4 of the Land Acquisition Act, stating:

(2.) The appellants moved a petition in the High Court of Gujarat for a writ quashing the proceeding under the Land Acquisition Act and the two notifications dated September 10, 1959 and August 31, 1961 and for a writ restraining the Commissioner, Baroda Division, and the Government of the State of Gujarat from enforcing the notifications. The High Court rejected the petition. With certificate granted by the High Court under Art. 133(1)(c) of the Constitution this appeal is preferred by the appellants.

(3.) Counsel for the appellants contended that: