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1996 Supreme(SC) 1205

G.B.PATTANAIK, K.RAMASWAMY
Ganapathi National Middle School – Appellant
Versus
M. Durai Kannan – Respondent


ORDER

This appeal by special leave arises from the judgment and order of the Division Bench of the Madras High Court dated August 11, 1986 made in Writ Appeal No. 761/1986. The undisputed facts are that the appellant middle imparting education upto the 8th standard was established way back in 1929 upto the 8th standard. It is an aided institution. The landlord filed an application for eviction of the school and decree of eviction came to be passed. The appellant had moved the Government for acquiring the land and building for continuing the institution in the same premises. Consequently, notification under Section 4(1) of the Land Acquisition Act 1 of 1894 (for short, the Act ) came to be published in the State Gazette on July 7, 1982. After conducting an enquiry under Section 5A and rejection of the objections, the declaration under Section 6(1) came to be published on June 29, 1983. The respondents challenged the validity of the notification under Section 4(1) and the declaration under Section 6 in Writ Petition No. 6337/1983. The learned Single Judge by his judgment dated July 4, 1986 allowed the writ petition and quashed the notification under Section 4(1). On appeal, the D




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