SHYAM BEHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution is for the issue of a writ of certiorari for quashing two notifications dated 8th July 1960, and 3rd December 1960 issued by the State under sections 4 and 6 of the Land Acquisition Act, 1894, for the acquisition of certain lands belonging to the petitioners and for the issue of a direction to the respondents forbearing them from exercising any rights over those lands,

(2.) IT is necessary to state the facts in some detail in order to reach and appreciate the questions to be determined. The petitioners are the owners of land admeasuring 17. 82 acres in Mouza Chhaparwah (Settlement No. 245) in Katni tahsil of Jabalpur District. The respondent No. 4 is a private limited company known as the Premier Refractories of India which proposes to manufacture fireclay bricks, high alumina bricks etc. On 26th April 1960 the said respondent addressed a letter to the Collector, Jabalpur, saying inter alia that the Government of India had sanctioned the installation by the said company of a refractory factory at Katni for the manufactures of fire-clay and high alumina bricks which were not being manufactured in India; that the Company had selected a site adjoining to the railway station at New Katni Junction for the establishment of a refractory; and that as the land which was in possession of the Company was insufficient for the erection of the factory, the Company desired to acquire lands specified in the schedule to the letter. The letter proceeded to say:

(3.) ON the 10th October 1960, the respondent No. 4 executed an agreement in favour of the respondent-State. The material part of the agreement is as follows: