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october 2010

Supreme Court of India · 2010-10-04

MOHANLAL NANABHAI CHOKSI (D) BY LRS. vs STATE OF GUJARAT .

Citation / case number
SC 2002/5697
Court
Supreme Court of India
Petitioner
MOHANLAL NANABHAI CHOKSI (D) BY LRS.
Respondent
STATE OF GUJARAT .
Author
GANGULY
Bench
ASOK KUMAR GANGULY G.S. SINGHVI

Judgment text excerpt

The Supreme Court upheld the Gujarat High Court's dismissal of the appellants' challenge to the land acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, affirming that the land was required for a public purpose as per Section 78 of the Bombay Provincial Municipal Corporations Act, 1949. The Court noted that the land was predominantly open and necessary for establishing a vegetable market, emphasizing the importance of accessibility for daily necessities. The Court also clarified that the proposal to de-reserve the land was merely a draft and did not constitute a final decision, thus validating the acquisition process.

MOHANLAL NANABHAI CHOKSI (D) BY LRS. vs STATE OF GUJARAT . · Niyam