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november 1967

Supreme Court of India · 1967-11-16

ISHWARLAL GIRDHARLAL JOSHI ETC. vs STATE OF GUJARAT & ANR.

Citation / case number
SC 1967/97
Court
Supreme Court of India
Petitioner
ISHWARLAL GIRDHARLAL JOSHI ETC.
Respondent
STATE OF GUJARAT & ANR.
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court upheld the validity of notifications issued under the Land Acquisition Act, 1894, specifically under Sections 4 and 6, stating that an Under Secretary is competent to sign such notifications as per Rule 13 of the Rules of Business framed under Article 166 of the Constitution. The Court found that the delegation of authority from the Minister to the Secretary and subsequently to the Under Secretary was valid, and that the petitioners failed to prove that the lands were not arable or that the urgency was not established. The petitions challenging the notifications were dismissed.

ISHWARLAL GIRDHARLAL JOSHI ETC. vs STATE OF GUJARAT & ANR. · Niyam