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PETITIONER: BALARPUR INDUSTRIES LTD.

       Vs.

RESPONDENT: STATE OF GUJARAT & ORS.

DATE OF JUDGMENT:       22/11/1996

BENCH: K. RAMASWAMY, G.B. PATTANAIK

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.  We have  heard learned  counsel on both sides.      This 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. Learned  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:      "This   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.      The appeal is accordingly disposed of. No costs.

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