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1994 Supreme(SC) 1214

M.N.VENKATACHALIAH, K.RAMASWAMY
Krishi Utpadan Mandi Samiti – Appellant
Versus
Makrand Singh – Respondent


Advocates:
E.C.AGARWAL, O.P.RANA, R.B.MISHRA, R.C.VERMA, R.D.UPADHYAY

ORDER

1. Leave granted.

2. These appeals by special leave arise from the judgments of the Division Bench of the High Court of Allahabad dated 22-1-1991 and 13-5-1992 made in CMWP No. 4177 of 1985 and CMWP No. 7146 of 1988. The land bearing Plot No. 325 situated in Village Chiloli in District Farrukhabad, of a total extent of 5.13 acres out of 8.21 acres was notified and published in the State Gazette on 19-2-1982 for acquisition to establish Model Market Yard of Krishi Utpadan Mandi Samiti, Kaimganj in District Farrukhabad. The declaration under Section 6(1) was published in the Gazette on 7-2-1985, in the newspapers on 4-6-1987 and the substance in the locality subsequent thereto. The respondents who owned about 1 acre and odd land have challenged the validity of the declaration on the ground that it was published after the expiry of three years. Therefore, the notification under Section 4(1) and declaration under Section 6(1) should be deemed to be void. That contention found favour with the High Court and it allowed the writ petitions. Thus these appeals by special leave.

3. The only question is whether the High Court was right in its conclusion that the declaration under Sectio



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