LexSTATE OF GUJARAT versus MUSAMIYAN IMAM HAIDER BUX RAZVI AND ANR. ETC.
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A B • <: E F H 28 STATE OF GUJARAT v. MUSAMIYAN IMAM HAIDER BUX RAZVJ AND ANR. ETC. ETC. April 14. 1976 [A. N. RAY, CJ., M. H. BEG AND JASWANT SINGH, JJ.] Land Acquisition Acts, 1894-Secs. 4, 6 and 48-Whether cancelling Sec. 6 nJti/icatir;n an1ounts to withdrawal from acquisition-On cancellation of Sec. 6 11oti/icatio11 whether Sec. 4 noti/icatiotJ gets exhausted-fVlzither second Sec. 6 notilica11on can be issued-Acquisition for a cooperative society if for a public purpose . The Goverhmcnt of Gujarat issued a notification under section 4 of the Land Acquisition Act, 1894. The validity of the said notification was challenged by the owners of the land. The Government later issued a notification under section 6 of the Land Acquisition Act after holding enquiry under section SA. The owners of the land challenged the said notification under section 6 by filing another Writ Petition. Thereafter the award was made by the Land Acquisition Officer. The Government sanctioned a sum of Re. 1/- towards cost of acquisition. The acquisition was for the purposes of a Cooperative Housing Society. Later on, the Government passed a resolution in supersession of the earlier resolution and sanctioned a sum of Rs. 500/- towards cost of acquisilion. The Government considered section 6 notification to be illegal and invalid and cancelled the same and issued a fresh notification under section 6 in respect of the same land. The owner of the 1and filed a further Writ Peti- tion challenging the notification by which the earlier section 6 notification wa~ cancelled and a fresh se.ction 6 notification was issued. -rhe High Court dis- missed the Writ Petition against the first section 6 notification as infructuous. The High Court allowed the other Writ Petition against tihe second section 6 notification and quashed it on the ground tha the cancellation of the first sec- tion 6 notification would in any event, tantamount to withdrawal from ncquisi· tion and secondly sihce sCction 4 notification was exhausted by the fin;t section 6 notification no S4.Ibsequent notification under ~-ection 6 of the Act could thereafter be issued. Allowing the appeal by certificate HELD : 1. Acquisition of land for Cooperative Housing Society i:'i for a public purpose as laid down by"this Court in Ratilal Shankarbhai and Ors. v. State of Gujarat A.I.R. 1970 SC 984. [31-C] 2. The contention that the cancellation of the first section 6 notification amounts .to ¥'i•hdrawa1 from acquisition and no subsequent notification under section 6 of the Act can thereafle'r be issued without a fresh notification under section 4 of the Act canorlt be countenanced in view of the decis ·on of this Court in Girdhnri Lal Amratlal Shodan and Ors. v. State of Gujarat reported in [1966] 3 SCR 437, when a notification under section 6 of the Act is invalid the Government may treat it as ineffective and issue in its p1ace a fresh notifi- cation under section 6 and that nothing. in section 48 of the Act precludes the Government from doing so. The cance11ation of the earlier notification is only a recognition of the invalidity of that notification anct does not amount to withdrawal from acquisit'<m. [31-C-D] CIVIL APPELLATE JURISDICTION : Civil App~ls Nos. 1870 and 1871 of 1970 and 1445 of 1971. Appeal from the Jud.gmen\ Gujarat High Court in Special 1441 /66 respectively and and Order dated 25-4-1969 of the Civil Appeals Nos. 2l 8/6R and • - • ' ' GUJARAT STATE v. M. IMAM (Jaswant Singh, J.) 29 D. V. Patel and M. N. Shroff, for the appellants in all the appeals. A S. T. Desai (In CA 1871), P. H. Parekh & Manju Jelley for Respondents. S. M. Jain, S. K. Jain and lnder Makwana for Respondent l in CAs. 1871 and 1445. B l P. K. Pillai for Respondent 2 and 3 in CA 1871. The Judgment of the Court was delivered by ' t JASWANT SINGH, J. These three appeals Nos. 1870 of 1970, 1871 of 1970 and 1445 of 1971 by certificate granted hy the High c Court of Gujarat at Ahmedabad under Article 133 ( 1) (b) & ( c) of - the Constitution of India against its common judgment and order dated April 25, 1969 shall be disposed of by this judgment. The facts giving rise to these appeals are : On May 20, 1961, the Government of Gujarat issued a notification und,er section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') de- B ~ daring that certain pieces of land in village Vasana, Ta,Juka City,
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