BABU BARKYA THAKUR Vs. STATE OF BOMBAY NOW MAHARASHTRA
LAWS(SC)-1960-8-5
SUPREME COURT OF INDIA
Decided on August 08,1960

BABU BARKYA THAKUR Appellant
VERSUS
STATE OF BOMBAY Respondents


Referred Judgements :-

STATE OF BOMBAY VS. BHANJL MUNJI [RELIED ON]
LILA VATI BAI VS. STATE OF BOMBAY [REFERRED TO]



Cited Judgements :-

HARISH CHANDER AND ORS. VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2010-12-434] [REFERRED TO]
GOSWAMY BRIJ KUMAR JEE VS. UOI [LAWS(DLH)-2007-7-187] [REFERRED TO]
ANTONIO JOAO BOSCO LOBO; MARIO FRANCISCO LOBO; LAND ACQUISITION ACT, 1894 VS. UNION OF INDIA AND OTHERS [LAWS(BOM)-1987-4-75] [REFERRED]
SHEETALKUMAR SADASHIV ZAMBARE VS. STATE OF MAHARASHTRA, THROUGH SECRETARY, REVENUE DEPARTMENT, MANTRALAYA, MUMBAI [LAWS(BOM)-2018-2-255] [REFERRED TO]
NATVARLAL MOHANLAL SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2015-4-289] [REFERRED TO]
KRISHNA KUMAR MUKHRJEE VS. STATE OF WEST BENGAL [LAWS(CAL)-1965-3-16] [REFERRED TO]
CHAYAHAHI MUKHERJEE VS. ASST SECRETARY LAND AND LAND REVENUE DEFT REQUISITION BRANCH STATE OF WEST BENGAL [LAWS(CAL)-1964-3-13] [REFERRED TO]
PRAMATHA NATH TALUKDAR VS. STATE OF WEST BENGAL [LAWS(CAL)-1963-1-11] [REFERRED TO]
MRS.BHAGYASHRI RAJESH KULKARNI VS. UNION OF INDIA [LAWS(BOM)-2021-9-329] [REFERRED TO]
SANDEEP S. METANGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2019-8-138] [REFERRED TO]
MAHAVIR SAHKARI AVAS SAMITILTD VS. STATE OF U P [LAWS(ALL)-2006-9-238] [REFERRED TO]
MOHAMMAD FIAZUDDIN KHAN VS. CUSTODIAN EVACUEE PROPERTY ANDHARA PRADESH [LAWS(APH)-1968-7-31] [REFERRED TO]
HIRA GIRDHARDAS MANSATA VS. STATE OF WEST BENGAL [LAWS(CAL)-1999-12-22] [REFERRED TO]
ADMINISTRATIVE OFFICER SPECIAL PROJECT DIVISION CHENNAI VS. V CHANDRASEKARAN [LAWS(MAD)-2012-1-92] [REFERRED TO]
SHYAM SINGH RAWAT VS. THE STATE OF U.P. AND ANOTHER [LAWS(ALL)-1968-3-21] [REFERRED TO]
STATE OF TAMIL NADU VS. L KRISHNAN [LAWS(SC)-1995-11-52] [REFERRED TO]
STATE OF MADHYA PRADESH VS. VISHNU PRASAD SHARMA [LAWS(SC)-1966-2-16] [REFERRED]
CHANDRASEKHAR PRASAD CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-1977-1-3] [REFERRED TO]
MARIA ROSAL DE ROSE AND ANR. VS. THE STATE OF TAMIL NADU, REPRESENTED BY SECRETARY (HARIJAN WELFARE DEPARTMENT) AND ANR. [LAWS(MAD)-1970-7-27] [REFERRED TO]
AWADHESH PRATAP SINGH VS. STATE OF U P [LAWS(ALL)-2012-4-41] [REFERRED TO]
PATEL GANDALAL SOMNATH VS. STATE OF GUJARAT [LAWS(GJH)-1962-3-13] [REFERRED]
P. NARASIM LIULU VS. LAND ACQUISITION OFFICER, MADANAPALLE AND ORS. [LAWS(APH)-2016-2-63] [REFERRED TO]
YATAM BANGARU VENKAMMA AND ORS. VS. STATE OF ANDHRA PRADESH AND ORS. [LAWS(APH)-2020-7-49] [REFERRED TO]
CHATAR SINGH AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-1990-10-74] [REFERRED TO]
V KOTESWARA RAO VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-1978-10-19] [REFERRED TO]
DENA BANK VS. AMIYA KUMAR DEY [LAWS(CAL)-1988-3-51] [REFERRED TO]
NATARAJA GOUNDER VS. THE STATE OF TAMIL NADU [LAWS(MAD)-2005-3-201] [REFERRED TO]
Junjamma VS. Bangalore Development Authority [LAWS(KAR)-2004-9-5] [REFERRED TO]
DURGAPADA MUKHERJEE VS. LAND ACQUISITION COLLECTOR [LAWS(CAL)-1967-2-19] [REFERRED TO]
RAM KUMAR AGARWALLA VS. STATE OF WEST BENGAL [LAWS(CAL)-1962-12-15] [REFERRED TO]
AMIYA KUMAR MUKHERJEE VS. ST F W B [LAWS(CAL)-1966-1-19] [REFERRED TO]
SITABATI DEVI VS. STATE OF WEST BENGAL [LAWS(CAL)-1961-1-6] [REFERRED TO]
K.RAKKIANNA GOUNDER VS. SECRETARY GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2013-11-113] [REFERRED TO]
ABDUL VAHAB ABDUL GAFAR KAPADIYA VS. STATE OF GUJARAT [LAWS(GJH)-2018-11-50] [REFERRED TO]
SHYAM BEHARI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1961-8-12] [REFERRED TO]
HAJARI VS. STATE OF M P BHOPAL [LAWS(MPH)-1975-12-3] [REFERRED TO]
JAIPUR NAGAR GRIHA NIRMAN SAHAKARI SAMITIYAN ASSCN VS. STATE OF RAJASTHAN & OTHERS [LAWS(RAJ)-1992-7-95] [REFERRED]
STATE OF TAMIL NADU VS. A MUHAMMEDYOUSEF [LAWS(SC)-1991-8-27] [REFERRED TO]
KHUB CHAND VS. STATE OF RAJASTHAN [LAWS(SC)-1966-8-4] [REFERRED]
RAMDIN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2009-5-30] [REFERRED TO]
SHYAM SWARUP SAKSENA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1963-2-2] [REFERRED TO]
P MALLAIAH VS. GOVERNMENT OF A P [LAWS(APH)-2006-3-185] [REFERRED TO]
SHAIRKHAN MOHAMMED ABDULLAH VS. DISTRICT COLLECTOR KURNOOL [LAWS(APH)-1986-11-8] [REFERRED TO]
V SUBBA RAO VS. DISTRICT COLLECTOR LAND ACQUISITION VISAKHAPATNAM [LAWS(APH)-1986-4-5] [REFERRED TO]
RAJ KUMAR VS. UNION OF INDIA [LAWS(DLH)-1974-3-31] [REFERRED]
SULAIMAN ISMAIL KAIYA VS. STATE OF GUJARAT [LAWS(GJH)-2011-2-163] [REFERRED TO]
NIRMALA MAHESH BHOLE VS. STATE OF MAHARASHTRA & ORS. [LAWS(BOM)-2017-3-104] [REFERRED TO]
AMARENDRA NATH NATH VS. STATE OF WEST BENGAL [LAWS(CAL)-1962-4-5] [REFERRED TO]
RAMBIHARI MISRA VS. STATE OF M P [LAWS(MPH)-1962-11-11] [REFERRED TO]
M.P. KUTTAPPA KURUP VS. SUB-COLLECTOR, CHENGANNUR [LAWS(KER)-1961-10-35] [REFERRED TO]
SANDHIYAVU PILLAI VS. STATE OF KERALA [LAWS(KER)-1965-8-26] [REFERRED TO]
HARYANA STATE INDUSTRIAL AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD VS. DEEPAK AGGARWAL [LAWS(SC)-2022-7-106] [REFERRED TO]
P NARAYANAPPA VS. STATE OF KARNATAKA [LAWS(SC)-2006-8-64] [REFERRED TO]
SWASTHYA RAKSHA SAMITI RATI CHOWK VS. CHAUDH RAM HARAKH CHAND [LAWS(SC)-2005-2-24] [REFERRED TO]
JAGRUP SINGH VS. STATE [LAWS(RAJ)-1993-2-5] [REFERRED TO]
SWARN SINGH AND ANR. VS. STATE OF PUNJAB ETC. [LAWS(P&H)-1975-8-18] [REFERRED TO]
S.K. MEHROTRA VS. LUCKNOW DEVELOPMENT AUTHORITY [LAWS(ALL)-2017-5-42] [REFERRED TO]
TINCORI DAS VS. L A COLLECTOR LIPORE [LAWS(CAL)-1966-4-11] [REFERRED TO]
VELIGATI LAKSHMINARAYANA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1970-3-42] [REFERRED TO]
RAM VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1998-2-4] [REFERRED TO]
P VENKAT REDDY VS. GOVERNMENT OF ANDHRA PRADESH INDUSTRIES AND COMMERCE DEPARTMENT HYDERABAD [LAWS(APH)-1998-12-52] [REFERRED TO]
NARAYAN DAS VS. STATE OF M P [LAWS(MPH)-2019-1-158] [REFERRED TO]
M/S.TRANSSTROY (INDIA) LIMITED VS. THE STATE OF TELANGANA, DEPARTMENT OF REVENUE [LAWS(APH)-2016-2-3] [REFERRED TO]
DOSABHAI RATANSHA KERAVALA VS. STATE OF GUJARAT [LAWS(GJH)-1969-4-2] [REFERRED]
COMMISSIONER OF INCOME TAX VS. AGRICULTURAL MARKET COMMITTEE [LAWS(APH)-2011-3-122] [REFERRED TO]
B JANAKI VS. DISTRICT COLLECTOR WEST GODAVARI DISTRICT ELURU [LAWS(APH)-2010-6-53] [REFERRED TO]
CHAMAN KUMAR VS. UNION TERRITORY OF J&K [LAWS(J&K)-2020-12-108] [REFERRED TO]
PRATAPSANG NARANJI JADEJA VS. STATE OF GUJARAT [LAWS(GJH)-1998-2-35] [REFERRED]
RAM SEWAK VS. STATE OF U P [LAWS(ALL)-1961-8-15] [REFERRED TO]
STATE OF WEST BENGAL RAMAKRISHNA MISSION HOWRAH VS. P N TALUKDAR ABDUL KADAI LASKAR [LAWS(SC)-1964-8-9] [REFERRED]
PANDIT JHANDU LAL VS. STATE OF PUNJAB [LAWS(SC)-1960-11-19] [RELIED ON]
ASHISH SAHKARI GRIH NIRMAN SAMITI AND ANOTHER VS. STATE OF BIHAR AND OTHER [LAWS(PAT)-1990-2-35] [REFERRED TO]
KESHAV PAL VS. STATE [LAWS(PAT)-1984-8-32] [REFERRED TO]
NAND KISHORE GUPTA VS. STATE OF UP [LAWS(SC)-2010-9-82] [REFERRED TO]
P PARTHASARATHY VS. STATE OF KARNATAKA [LAWS(SC)-2011-8-106] [REFERRED TO]
HAWA SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-11-17] [REFERRED TO]
KHILESHWAR PRASAD JAISWAL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2011-10-28] [REFERRED TO]
SADRUDDIN SULEMAN JHAVERI VS. J H PATWARDHAN [LAWS(BOM)-1964-7-3] [REFERRED TO]
SURENDRA NATH BHATTACHARYYA VS. LAND ACQUISITION COLLECTOR [LAWS(CAL)-1966-5-26] [REFERRED]
Shanti Nagar Co-operative Housing Society Ltd., Etah VS. Nar Singh Das Bhargava and others [LAWS(ALL)-1963-10-26] [REFERRED TO]
SYNTHETICS AND CHEMICALS LTD VS. RAM ASREY LAL [LAWS(ALL)-1965-11-6] [REFERRED TO]
STATE OF KERALA VS. VIJAYAN [LAWS(KER)-1978-3-7] [REFERRED TO]
BALDEV SINGH DHILLION VS. UNION OF INDIA [LAWS(DLH)-2005-5-165] [REFERRED TO]
P S GILL VS. UNION OF INDIA [LAWS(DLH)-1978-10-17] [REFERRED]
GHULAM MOHD ZARGAR VS. STATE [LAWS(J&K)-1989-5-5] [REFERRED TO]
ELGIN PROPERTIES AND OTHERS VS. STATE OF WEST BENGAL AND OTHERS [LAWS(CAL)-1980-6-37] [REFERRED TO]
COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY VS. STATE OF KARNATAKA [LAWS(KAR)-2005-11-23] [REFERRED TO]
RAJENDRABABU VS. STATE OF KARNATAKA [LAWS(KAR)-1991-10-29] [EOLLOW ON ,FOLL.; 4.]
SOMAWANTI 0M PARKASH ATMA RAM CHODHA VS. STATE OF PUNJAB [LAWS(SC)-1962-5-16] [RELIED ON]
R K AGARWALLA VS. STATE OF WEST BENGAL [LAWS(SC)-1964-9-30] [REFERRED]
SWARN SINGH AND ANOTHER VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-1975-3-26] [REFERRED TO]
AAR PEE INDUSTRIES PVT. LTD. VS. STATE OF ASSAM [LAWS(GAU)-2021-11-12] [REFERRED TO]
ITC LIMITED, AN EXISTING COMPANY REPRESENTED BY IT VS. DISTRICT COLLECTOR AND ORS [LAWS(APH)-2010-6-129] [REFERRED]
ANAND KUMAR VS. STATE OF M P [LAWS(MPH)-1963-2-2] [REFERRED TO]
DHIROO BHAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1963-7-3] [REFERRED TO]
CHAITRAM VERMA VS. LAND ACQUISITION OFFICER RAIPUR [LAWS(MPH)-1993-5-7] [REFERRED TO]
SIYARAM VS. STATE OF M.P. [LAWS(MPH)-1994-9-114] [REFERRED TO]
KEDAR NATH YADAV VS. STATE OF WEST BENGAL & ORS. [LAWS(SC)-2016-8-51] [REFERRED TO]
KEDAR NATH YADAV VS. STATE OF WEST BENGAL & ORS. [LAWS(SC)-2016-8-51] [REFERRED TO]
ASHISH SAHAKARI GRIH NIRMAN SAMITI VS. STATE OF BIHAR [LAWS(PAT)-1990-2-29] [REFERRED TO]
SOORARAM PRATAP REDDY VS. DISTRICT COLLECTOR [LAWS(SC)-2008-9-21] [REFERRED TO]
SMT POWN AMMAL VS. STATE OF TAMIL NADU [LAWS(MAD)-1998-12-116] [REFERRED TO]
KRISHN AMURTHY VS. STATE [LAWS(KAR)-1970-4-6] [REFRRED TO]
GUSTAVORENATO CUZ PINTO VS. ADMINISTRATOR GOVT OF GOA DAMAN AND DIU [LAWS(BOM)-1984-6-23] [REFERRED TO]
SANDEEP S. METANGE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-12-168] [REFERRED TO]
KAMALA BALA DASSI VS. STATE OF WEST BENGAL [LAWS(CAL)-1961-1-10] [REFERRED TO]
PRAMATHA NATH MUKHERJEE VS. ST OF W B [LAWS(CAL)-1966-1-21] [REFERRED TO]
SARDAMULL KANKARIA VS. STATE OF WEST BENGAL [LAWS(CAL)-1974-7-22] [REFERRED TO]
BANKU BEHARI DUTT VS. STATE OF WEST BENGAL [LAWS(CAL)-1976-5-18] [REFERRED TO]
DEEPAKBHAI J SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2004-8-38] [REFERRED TO]
RAMJI POPATBHAI PATEL VS. JAMNADAS SHAH COMMISSIONER RAJKOT [LAWS(GJH)-1968-4-1] [REFERRED]
DOONGARSEE AND SONS VS. STATE OF GUJARAT [LAWS(GJH)-1969-4-10] [REFERRED TO]
T RAMARAJ VS. STATE OF TAMIL NADU [LAWS(MAD)-1994-3-39] [REFERRED TO]
JAGANNATH DHANIRAM JINDAL AND ANOTHER VS. STATE OF M.P. AND OTHERS [LAWS(MPH)-2002-3-121] [REFERRED TO]
KHEM KARAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1965-8-8] [REFERRED TO]
AMAR NATH VS. UNION OF INDIA [LAWS(DLH)-1994-11-51] [REFERRED]
NAGA HILLS TEA CO. LTD. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-1962-5-7] [REFERRED TO]
MANEKA GANDHI VS. UNION OF INDIA [LAWS(SC)-1978-1-6] [REFERRED TO]
C. DURAIRAJU AND ORS. VS. STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-2-390] [REFERRED TO]
K.V. SRINIVASAN VS. STATE OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-2-440] [REFERRED TO]
JAISHI RAM GOEL VS. STATE OF PUNJAB [LAWS(P&H)-1961-5-1] [REFERRED TO]
R L ARORA VS. STATE OF UTTAR PRADESH [LAWS(SC)-1961-12-20] [DISTINGUISHED]
GIRWAR SINGH VS. DIRECTOR OF CONSOLIDATION U P [LAWS(ALL)-1988-1-23] [REFERRED TO]
RAJENDRA VS. STATE OF U P [LAWS(ALL)-2011-8-33] [REFERRED TO]
LAJYA RAM KAPUR VS. DELHI ADMINISTRATOR [LAWS(DLH)-1971-8-22] [REFERRED]
GADADHAR GHOSH VS. STATE OF WEST BENGAL [LAWS(CAL)-1962-8-20] [REFERRED TO]
PRODOSH KUMAR BAJPAIE VS. STATE OF WEST BENGAL [LAWS(CAL)-1969-11-11] [REFERRED TO]
ROHIT SINGHANIA AND OTHER VS. STATE OF CHHATTISGARH AND OTHERS [LAWS(CHH)-2017-9-65] [REFERRED TO]
R D CHAND VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1962-12-11] [REFERRED TO]
R VENKATASUBBA REDDIAR VS. STATE OF TAMIL NADU [LAWS(MAD)-1983-12-27] [REFERRED TO]
COLLECTOR VS. BAKHSHI RAM [LAWS(HPH)-1960-12-2] [REFERRED TO]
JAIPARKASH ASSOCIATES LIMITED VS. STATE OF H.P [LAWS(HPH)-2014-11-145] [REFERRED TO]
JAGDISH NARAIN BABULAL JAISWAL VS. COLLECTOR [LAWS(MPH)-1961-4-6] [REFERRED TO]
ALL INDIA ANNA DRAVIDA MUNNETRA KAZHAGAM VS. J. DEEPAK [LAWS(MAD)-2022-1-168] [REFERRED TO]
THE DISTRICT LAND ACQUISITION OFFICER ALIGARH AND OTHERS VS. LALA RAM KISHORE MITAL AND OTHERS [LAWS(ALL)-1972-11-21] [REFERRED TO]
NARENDRAJIT SINGH VS. STATE OF UTTAR PRADESH [LAWS(SC)-1969-11-7] [REFERRED TO]
DAULAT SINGH SURANA VS. FIRST LAND ACQUISITION COLLECTOR [LAWS(SC)-2006-11-164] [REFERRED TO]
BOKARO AND RAMGUR VS. ADDITIONAL COLLECTOR [LAWS(PAT)-1970-2-2] [REFERRED TO]
MAHABIR METAL WORKS PRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-1973-12-18] [REFERRED]
MAHESH VS. STATE OF U.P. [LAWS(ALL)-2020-4-31] [REFERRED TO]
KHADI GRAMODYOG BHAVAN VS. HASHEEDA BEGUM [LAWS(MAD)-2001-9-117] [REFERRED TO]
Awadhesh Pratap Singh and Others VS. State of U.P.and Others [LAWS(ALL)-2012-4-209] [REFERRED TO]
RASH BEHARI DASS VS. STATE OF WEST BENGAL [LAWS(CAL)-1968-2-26] [REFERRED TO]
JATADHAR MITRA VS. STATE OF WEST BENGAL [LAWS(CAL)-1969-6-33] [REFERRED TO]
SELI HYDRO ELECTRIC POWER COMPANY LTD VS. STATE OF H P [LAWS(HPH)-2015-6-38] [REFERRED TO]
JALAN TRADING CO PRIVATE LTD VS. STATE OF MAHARASHTRA [LAWS(BOM)-1970-7-3] [REFERRED TO]
OMPRAKASH JAISWAL VS. STATE OF M P & ORS [LAWS(MPH)-2016-2-166] [REFERRED TO]
ROOPA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-2-67] [REFERRED TO]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [LAWS(SC)-1973-4-33] [RELIED ON]
LAND ACQUISITION COLLECTOR VS. DURGA PADA MUKHERJEE [LAWS(SC)-1980-8-15] [RELIED ON]
FOMENTO RESORTS AND HOTELS LIMITED VS. GUSTAVO RAMATO DA CRUZ PINTO [LAWS(SC)-1985-2-14] [RELIED ON]
RUSTOM CAVASJEE COOPER RUSTOM CAVASJEE COOPER T M GURUBUXANI VS. UNION OF INDIA [LAWS(SC)-1970-2-1] [REFERRED TO]
MUNSHI SINGH VS. UNION OF INDIA [LAWS(SC)-1972-8-19] [DISTINGUISHED]
CHIKKAMMA, WIFE OF BOMMAPPA VS. STATE OF KARNATAKA [LAWS(KAR)-2014-1-369] [REFERRED TO]
Mohammad Shaft VS. State of M.P. [LAWS(MPH)-1989-3-53] [REFERRED TO]
EARTH BUILDERS VS. STATE OF MAHARASHTRA [LAWS(BOM)-1997-1-29] [REFERRED TO]
GOVERNMENT OF HARYANA VS. HAKAM SINGH [LAWS(P&H)-1979-1-2] [REFERRED TO]
LAXMI VS. STATE [LAWS(RAJ)-1985-9-8] [REFERRED TO]
ANIL KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1998-3-43] [REFERRED TO]


JUDGEMENT

Sinha, C. J. - (1.)This petition under Art. 32 of the Constitution impugns the constitutionality of the land acquisition proceedings with particular reference to the notification under S. 4 of the Land Acquisition Act (hereinafter referred to as "the Act") in respect of an area of land within the district of Thana in the State of Bombay, now known as the State of Maharashtra.
(2.)In order to appreciate the controversy raised in this case, it is necessary to state the following facts. By a notification dated April 3, 1959, the first respondent, the State of Bombay (now Maharashtra) under S. 4 of the Land Acquisition Act of 1894, stated that the lands specified in the schedule attached to the said notification were likely to be needed for the purposes of the third respondent, Messrs. Mukund Iron and Steel Works Ltd., a Company registered under the Indian Companies Act, 1913, and having its registered office at Kurla, Bombay No. 37, in the State of Maharashtra, for its factory buildings, etc. The notification further stated that under Cl. (c) of S. 3 of the Act, the Government was pleased to appoint the Special Land Acquisition Officer, the second respondent, to perform the functions of the Collector under S. 5A of the said Act. The land in which the petitioner, who is a citizen of India, claims to be interested as owner is included in the schedule aforesaid. The petitioner appeared before the second respondent aforesaid and after several adjournments lodged objections on June 9, 1959, and also made oral submissions through his Advocate on that date and the day following, and requested the second respondent to quash the proceedings on the ground that the lands contained in the notification were not required for any public purpose and that the proceedings were vexatious and malicious. It was further stated before the second respondent that the third respondent had negotiated by private treaty for the purchase of the notified area. The second respondent adjourned further hearing of the case in order to enable the petitioner and the third respondent to come to an amicable settlement. A further hearing took place before the second respondent on July 15, 1959. On that date the petitioner proposed to lead evidence of owners of several pieces of land included in the area notified for acquisition to prove that the lands included in the schedule to the notification were not as a matter of fact required by the third respondent for any public purpose and that the third respondent had even negotiated for the purchase of the said lands by private treaty; but the second respondent refused permission to lead such evidence on behalf of the petitioner.
(3.)The petitioner raises a number of questions of law attacking the constitutionality of the land acquisition proceedings and prays for orders or directions to the State Government not to give its consent to the aforesaid acquisition under S. 39 of the Act nor to enter into any agreement with the third respondent under S. 41 of the Act nor to issue a notification under S. 6 of the Act declaring that the land in question is needed for a public purpose, because after such a declaration the petitioner may be deprived of the opportunity of contending that the land was not needed for a public purpose.
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