State of Gujarat & Anr. Vs. Patel Naranbhai Nathubhai & Ors.
EmailAppeal: Civil Appeals Nos.1506-1507 of 1974
Petitioner: State of Gujarat & Anr.
Respondent: Patel Naranbhai Nathubhai & Ors.
Apeal: Civil Appeals Nos.1506-1507 of 1974
Judges: RANGANATH MISRA & G.L. OZA, JJ.
Date of Judgment: Sep 26, 1989
Head Note:
LAND ACQUISITION ACT, 1894:
Sections 4 and 6 – Declaration under section 6 issued after 5 1/2 years of preliminary notification under section 4 – The High Court struck down the declaration on the ground of unreasonable delay – Following 1979 (3) SCC 202 and JT 1988(1) SC 471, the decision of the High Court set aside and declaration sustained.
(Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors. (1979) 3 SCC 202 and State of Gujarat & Anr. v. Punjabhai Nathubai & Ors., JT 1988 (1) SC 471 – Followed.)
Cases Reffered:
1. State of Gujarat & Anr. v. Punjabhai Nathubai & Ors., JT 1988 (1) SC 471 = (1988) 2 SCC 478 – Followed.
2. Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors., (1979) 3 SCC 202 – Followed.
3. Valji Mulji v. State, 11 GLR 95 – Overruled.
2. Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors., (1979) 3 SCC 202 – Followed.
3. Valji Mulji v. State, 11 GLR 95 – Overruled.
JUDGEMENT:
RANGANATH MISRA, J. :
1. These appeals by special leave are directed against the judgment of the Gujarat High Court dated 4.8.1972 quashing the declaration under s.6 of the Land Acquisition Act, 1 of 1894, on the ground that the same made on 18th of January, 1969, was issued beyond reasonable time.
2. The short facts are : The preliminary notification under s.4(1) of the Act was made on 26.7.1963. On 16/18.1.1969, the declaration under s.6 was duly notified. On 17.1.1972, a writ petition was filed in the High Court challenging the declaration. The High Court took notice of the Land Acquisition (Amendment & Validation) Act of 1967 but relying upon a Division Bench judgment of the same High Court in Valji Mulji v. State 11 GLR 95 held that the period of 5-1/2 years from the date of the preliminary notification was unreasonable delay for making of the declaration under s.6 of the Act.
3. The validation provision came into force on 20th January, 1967. Two judgments of this Court dealing with this aspect being Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors. (1979) 3 SCC 202 and State of Gujarat & Anr. v. Punjabhai Nathubhai & Ors. (1988) 2 SCC 478 have now concluded the position with reference to the provisions of the Validation Act and on the ratio of these judgments the decision of the Gujarat High Court on which reliance was placed by the High Court in disposing of these matters cannot be sustained. We accordingly allow the appeals, set aside the decision of the High Court and sustain the declaration under s.6 of the Land Acquisition Act dated 18.1.1969.
4. There shall be no order as to costs.
1. These appeals by special leave are directed against the judgment of the Gujarat High Court dated 4.8.1972 quashing the declaration under s.6 of the Land Acquisition Act, 1 of 1894, on the ground that the same made on 18th of January, 1969, was issued beyond reasonable time.
2. The short facts are : The preliminary notification under s.4(1) of the Act was made on 26.7.1963. On 16/18.1.1969, the declaration under s.6 was duly notified. On 17.1.1972, a writ petition was filed in the High Court challenging the declaration. The High Court took notice of the Land Acquisition (Amendment & Validation) Act of 1967 but relying upon a Division Bench judgment of the same High Court in Valji Mulji v. State 11 GLR 95 held that the period of 5-1/2 years from the date of the preliminary notification was unreasonable delay for making of the declaration under s.6 of the Act.
3. The validation provision came into force on 20th January, 1967. Two judgments of this Court dealing with this aspect being Gujarat State Transport Corporation v. Valji Mulji Soneji & Ors. (1979) 3 SCC 202 and State of Gujarat & Anr. v. Punjabhai Nathubhai & Ors. (1988) 2 SCC 478 have now concluded the position with reference to the provisions of the Validation Act and on the ratio of these judgments the decision of the Gujarat High Court on which reliance was placed by the High Court in disposing of these matters cannot be sustained. We accordingly allow the appeals, set aside the decision of the High Court and sustain the declaration under s.6 of the Land Acquisition Act dated 18.1.1969.
4. There shall be no order as to costs.
