JUDGMENT

RANGANATH MISRA, C. J. I.:- Special leave granted.

2. Ujjain Development Authority is in appeal challenging the judgment of the Madhya Pradesh High Court, 1 Indore Bench, rendered in an application under Article 226 of the Constitution annulling the notification issued under S. 4 of the Land Acquisition Act of 1894 (hereinafter referred to as the Act) by holding that Scheme No. 23 framed under Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 does not operate against certain specified lands of the respondents. It would appear that there was a similar notification under S. 4(1) of the Act for acquisition of the self-same properties along with some 600 hectares for the purpose of development of Ujjain, a historical town of Kalidas fame within Madhya Pradesh. On 17-9-90, for different reasons the notification had been quashed. In 1985 the impugned notification was issued afresh under S. 4(1) of the Act.

3. The High Court found that the requirements of the statute for completing the scheme for the purpose of which the acquisition had been made had not been complied with and, therefore, no action for acquisition under the scheme could be taken. We have heard learned counsel f