G.B.PATTANAIK, K.RAMASWAMY
Kashividyapith – Appellant
Versus
Motilal – Respondent
ORDER
These appeals by special leave arise from the order of the Division Bench of the Allahabad High Court made on May 10, 1979 in W.P. Nos.2171 and 2172 of 1977. The admitted facts are that the appellant Vidyapith though initially was a society constituted under the Societies Registration Act, by operation of sub-section (2) of Section 4 of the U.P. State Universities Act, 1973 (for short, the Universities Act ), it became a deemed university w.e.f. 16.1.1974 after the publication of the notification under Section 2 on 10-1-1974. Though proceedings were initiated in the year 1971-72 for acquisition of the lands for construction of the university cumpus buildings including the staff quarters etc., the notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Act ) came to be published in the State Gazette on 19.4.1974. After enquiry was conducted under Section 5-A declaration, under Section 6(1) was published on March 27, 1977. The respondents came to question the validity of the notification under Section 4(1) and the declaration under Section 6 of the Act. The Division Bench allowed the writ petitions and set aside the declaration under Sect
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