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september 1968

Supreme Court of India · 1968-09-11

VIJAY COTTON & OIL MILLS LTD. vs THE STATE OF GUJARAT

Citation / case number
SC 1966/60432
Court
Supreme Court of India
Petitioner
VIJAY COTTON & OIL MILLS LTD.
Respondent
THE STATE OF GUJARAT

Judgment text excerpt

The Supreme Court held that the notification under Section 6(1) of the Land Acquisition Act, 1894, could be treated as a composite declaration under Sections 4(1) and 6(1) due to the consent of the appellant, who accepted compensation based on the market value as of February 1, 1955. The Court ruled that the Government, having constructed buildings on the land, could not restore it and thus had to acquire it compulsorily. The appeal was allowed, affirming the District Judge's award of compensation despite the absence of a separate notification under Section 4(1).

VIJAY COTTON & OIL MILLS LTD. vs THE STATE OF GUJARAT · Niyam