JAYANTILAL AMRATLAL SHODHAN Vs. F N RANA

JUDGEMENT

(1.) BY notification published on 1/09/1960 under S. 4(1) of the Land Acquisition Act 1 of 1894, the Commissioner, Baroda Division, State of Gujarat, exercising functions entrusted to him under a notification dated 24/07/1959, issued by the President, under Art. 258 (1) of the Constitution, notified that a piece of land Part of Final Plot No. 686, Ellis Bridge Town Planning Scheme, belonging to the appellant was likely to be needed for a public purpose viz. construction of a Telephone Exchange Building in Ellis Bridge, Ahmedabad.

(2.) NOTE was thereafter served by the Additional Special Land Acquisition Officer, Ahmedabad (who was appointed by the order of the Commissioner to perform the functions of a Collector), upon the appellant under S. 5A of the Act inviting objections to the acquisition of the land. The appellant filed objections to the proposed acquisition. The Additional Special Land Acquisition Officer submitted his report to the Commissioner, who issued a notification dated 11/01/1961 under S. 6(1)of the Land Acquisition Act, declaring that the land notified under the earlier notification was required for the public purpose specified in Col. 4 of the schedule and that the Additional Special Land Acquisition Officer, Ahmedabad, was appointed under cl. (e) of S. 3 to perform the functions of the Collector for all proceedings to be taken in respect of the land and to take order under S. 7 of the Act for acquisition of the land.

(3.) THE notification issue by the President of India on 24/07/1959, under Art. 258(1) in terms entrusted certain functions under the Land Acquisition Act to the Commissioners of Divisions in the State of Bombay and it was recited therein that the consent to such entrustment of the State Government of Bombay had been obtained. It is common ground that before the date of the notification issued by the Commissioner, Baroda Division, who was then functioning as an officer of the State of Gujarat, under S. 4 of the Land Acquisition Act no order expressly entrusting the functions of the Union Government under the Land Acquisition Act to any officer in the State of Gujarat was issued by the President, and the authority of the Commissioner to notify for acquisition of the land of the appellant was sought to be derived solely from Sections 82 and 87 of the Bombay Reorganisation Act.