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1970 (8) TMI 90

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..... tified for acquisition an area of land in the town of Gondal, for a public purpose. Enquiry was under S. 5-A of the Land Acquisition Act and thereafter on 11/05/1966, a notification was published under Section 6 of the Act declaring that the land was needed for a public purpose. It was stated in the notification "and whereas the government of Gujarat is satisfied after considering the report .....

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..... ection 6 of the Land Acquisition Act, the government of Gujarat was not competent to acquire the land under the Land Acquisition Act. ( 3. ) S . 6 of the Land Acquisition Act, by the first subsection provides for making a declaration that the land is needed for a public purpose. There are two provisos to that S. of which the second is relevant : "Provided further that no such declaration .....

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..... uthority being by virtue of S. 3 (26) of the Bombay General Clauses Act, 1904, a body which is entrusted by government with control or management, inter alia, of a local fund, there is no scope for the argument that the market committee constituted under Gujarat Agricultural Markets Act, 1963, is not a local authority within the meaning of S. 6 of the Land Acquisition Act. ( 5. ) The appeal ther .....

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