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1966 Supreme(SC) 55

K.N.WANCHOO, A.K.SARKAR, J.R.MUDHOLKAR
State Of M. P. : U. P. State Industrial Development Corporation LTD. – Appellant
Versus
Vishnu Prasad Sharma – Respondent


Advocates:
C.K.DAFTARY, H.L.KHASKALAM, I.M.SHROFF, J.B.DADACHAN, J.P.GOYAL, M.ADHIKARI, S.N.KACKAR, S.V.Gupta

Judgement

SARKAR, J. : My learned brother Wanchoo has set out the facts fully in his judgment and that relieves me of the necessity of stating them again.

2. The question that has arisen is whether a number of declarations under S. 6 of the Land Acquisition Act, 1894 can be issued successively in respect of different pieces of lands included within the locality specified in a notification issued under S. 4 of the Act. My learned brother has said that Ss. 4, 5-A and 6 of the Act have to be read together and so read, the conclusion is clear that the Act contemplates only a single declaration under S. 6 in respect of a notification under S. 4. I so entirely agree with his reasonings for this view that I find it unnecessary to add anything to them. But it was said that there are other considerations which indicate that our reading of these sections is unsound. In this judgment I purpose to deal only with these considerations.

3. It was said that the Government may have difficulty in making the plan of its project complete at a time, particularly where the project is large and, therefore, it is necessary that it should have power to make a number of declarations under S. 6. I am wholly una























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