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TMI Blog1977 (11) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... ieth Amendment) Act, 1972. 2. The case arose on a suit instituted by the plaintiff Sankalchand 'Khodidas Patel on February 8, 1961, to challenge the validity of the notifications issued by the defendant-State under Section 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) in respect of land bearing survey number 146, in Dariapur- Kazipur area of Ahmedabad City. The notification under Section 4 was issued on May 23, 1958, in respect of 1 acre 36 gunthas of land. It was stated in the notification that the land was likely to be needed for a public purpose, viz., for the construction of houses for New Sarvodaya Cooperative Housing Society Ltd., at Dariapur-Kazipur, Ahmedabad. An erratum was issued on August ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court shows that while it decided some of the points in controversy against the plaintiff, it allowed the appeal because it took the view that the acquisition was not for a public purpose within the meaning of Section 6 of the Act as the intention declared by the Government to pay the amount of subsidy to the Additional Special Land Acquisition Officer in respect of the land under acquisition has been by necessary implication abandoned. The short question for consideration in this appeal is whether this finding has been arrived at according to the law. 5. We have gone through the pleadings of the parties and the points on which they were at issue in the trial mutt. We find that while issue number (3) raised the question whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the documentary and oral evidence referred to by it in the judgment but, here again, we find that it committed obvious errors of law for which its finding of fact cannot be sustained and has to be set aside. 7. The High Court has, in this connection, referred to the first fact that even though the award of compensation under Section 16 was ready for publication as early as 1961, it was not published because the amount of subsidy in respect of which the Government had declared its intention as evidenced by Ex. 54 had not been placed at the disposal of the Land Acquisition Officer or the Registrar of Co-operative Societies. Now in so far as the question of non-publication of the award is concerned, it will be sufficient to say that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned in the budget. Rameshchandra Jethalal's statement about the government resolution to that effect, has not been shaken in cross-examination. It was therefore quite sufficient to prove that the Government did not go back upon that decision and that the sanction did not lapse with the expiry of the year. It is another matter that, because of the protracted litigation, it may have become necessary for the authorities concerned to obtain a fresh order of allocation of the funds for the payment of the government's contribution of Rs. 45,980/- in pursuance of its decision contained in Ex. 54, but there is nothing on the record to show that the decision ceased to be operative after it had been made, or was ever withdrawn. We do not ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be were not scored off from the notification under Section 6 of the Act, the language of the notification supported its finding that the acquisition was for a company, and not for a public purpose. It is true that the unnecessary words were not scored off, but the very fact that it was stated at as many as four places in that very notification that the acquisition was for a public, purpose, was sufficient to show that the omission was inadvertent and could not justify the finding that the land was not acquired for a public purpose but for a company. 11. The High Court has made a reference to paragraph 9 of the written statement also in support of its finding against the defendant, Hero again the High Court failed to appreciate that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat it has adhered to its intention to acquire the land according to law, and to make its contribution towards the compensation, as and when necessary. The fact that the State has preferred the present appeal also goes to show that it has not abandoned its intention to make the acquisition on payment of a part of the compensation out of public revenues. It may also be mentioned that Mr. S. T. Desai appearing on behalf of the State has categorically stated at the Bar that the State Government will contribute Rs. 45,980/-, from the public revenues, towards compensation at the appropriate time. The position would no doubt have been different if it had been shown that the Government had abandoned the intention to do so or had decided not to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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