STATE OF GUJARAT Vs. NAROTTAMDAS BHIKHABHAI MISTRY
HIGH COURT OF GUJARAT
STATE OF GUJARAT
NAROTTAMDAS BHIKHABHAI MISTRY
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(1.) . This is a States appeal against the judgment and decree passed by the learned Judge of the City Civil Court 5 court Ahmedabad on 26th February 1964 in civil suit No. 1703 of 1970 decreeing the respondent-plaintiffs suit for a declaration that the impugned notice dated 31st January 1970 issued by the Special Land Acquisition Officer under sec. 16 of the Land Acquisition Act (the Act) to take possession of the acquired land was illegal without authority and void and granting a perpetual injunction against the defendant its officers etc. from taking possession of the suit land in execution of the said notice.
(2.) . On the evidence led before it the trial court came to the conclusion that the plaintiff proved that he was a sub lessee of the suit land and in occupation of a godown thereon constructed by him from prior to the date of notification under sec. 4(1) of the Act published on 22nd September 1962 and hence a person interested. It therefore held that the acquisition so far as the plaintiffs right in the suit land is concerned is illegal without authority and void. It therefore parsed a decree in favour of the plaintiff as earlier stated and hence this appeal by the State that is the original defendant.
(3.) . Mr. Chhaya the learned Assistant Government Pleader appearing for the appellant contends that in the instant case it was the duty of the plaintiff to get his name entered in the municipal record so that the Government would come to know about his interest in the property. He having not done sos it would disentitle him to any notice and it would therefore not be competent for him to urge that because of want of a notice the acquisition proceedings so far as the land in his occupation are concerned are illegal and void and he cannot be dispossessed in pursuance of the various notifications issued concerning the suit land.;
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