Industries Ltd. Vs. State of Gujarat & Ors  INSC 1492 (22 November 1996)
O R D
have heard learned counsel on both sides.
appeal by special leave arises from the order of the Division Bench of the
Gujarat High Court, dated April 15, 1996
made in Special Civil Application No.8179 of 1995.
counsel for the appellant has challenged the validity of the notification
issued under Section 4(1) of the Land Acquisition Act, 1894 acquiring the land
on the ground that the lands were needed for public purpose and it blocked
ingress and egress to their faction. In view of the admission made by the
respondent in the counter-affidavit filed in the High Court, notice was issued
to the respondents as indicated in our order dated 2.9.1996. In furtherance
thereof, the acquiring authority in the counter- affidavit has admitted the
same. The beneficiary, namely, Respondent No.4 on whose behalf acquisition is
sought to be made in their counter-affidavit, has admitted thus:
respondent submits that it stands by its said commitment and assures this Hon'ble Court that it would close the existing
road passing through the acquired land only after it has constructed a new road
on the boundary of the existing road for necessary ingress and egress to the
petitioner's factory." In view of this admission and undertaking given by
the 4th respondent to provide for necessary ingress and egress to the
appellant's factory, there is on need to interfere with the acquisition as it
is subject to the above undertaking. Ms. Indu Malhotra, learned counsel
appearing for the appellant, submits that telephone lines and electrical energy
lines etc. to the appellant's factory also are required to be shifted from the
existing road to the new road. We direct that this should also be done as part
of the undertaking given by the respondent.
appeal is accordingly disposed of. No costs.