PARSHOTTAM VERIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution the petitioners have prayed for an appropriate writ or order to quash the notifications issued under sections 4 and 6 of the Land Acquisition Act 1894 (hereinafter referred to as the Act).

(2.) The petitioners are owners of the various lands admeasuring 8 Acres and 24 Gunthas situate in village Gorwa in Baroda Taluka. By an application dated August 29 1959 respondent No. 2 the Alembic Chemical Works Company Limited Baroda applied to the Collector of Baroda to acquire those lands of the petitioners for the development of of the Company by setting up new divisions under the name of AlnishHompro. A notification under section 4 dated March 31 1960 was issued by the State Government as it appeared to respondent No. 1 that the said lands were likely to be needed for the purposes of the company viz. the Alembic Chemical Works Co. Ltd. Baroda. After the inquiry as the Government was satisfied that the acquisition of the said lands was needed for starting the factory it consented to the provisions of the Act being put in force in order to acquire the said land for the company and had therefore in pursuance of section 41 of the Act required the company to enter into an agreement. The said agreement was entered into by the company on September 3 1960 and was published on July 5 1961 On July 5 1961 the final notification under section 6 of the Act was issued. The material part thereof runs as under :-

(3.) The purpose mentioned in column 4 of the Schedule was for Alembic Chemical Works Co. Ltd. Baroda. The said acquisition is therefore challenged by the petitioners.