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1995 Supreme(SC) 1096

B.N.KIRPAL, K.RAMASWAMY
Laxmi Chand – Appellant
Versus
Gram Panchayat, Kararia – Respondent


Advocates:
BALDEV KRISHAN SATIJA, S.S.Khanduja, Y.P.DHINGRA

( 1 ) NOTIFICATION under Section 4 (1) of the Land Acquisition Act, 1894 (for short. "the Act") acquiring land for construction of the school for public purpose, was published on 16/04/1969. Validity thereof was challenged in C. M. P. No. 60 of 1969. The High Court by its order dated 23/01/1970 dismissed the writ petition. Award under Section 11 was made on 24/09/1974. Validity of the acquisition and of the award was challenged by filling a civil suit on 3/01/1975 for a declaration that the land could not be acquired. The acquisition proceedings having been once dropped by the Land Acquisition Officer by his proceedings Dated 13/07/1973, he was devoid of power to reopen the same at the behest of the Gram Panchayat. The Civil Court on a preliminary issue held that the suit was not maintainable. The learned single Judge by his judgment and order dated 23/11/1993 upheld the decision of the Civil Court. The Division Bench in L. P. A. No. 1 of 1994 by its decision dated 1/01/1994 dismissed the same. Thus this special leave petition.

( 2 ) THE contention raised by the learned counsel for the petitioner is that the acquisition proceedings having been dropped by the Land Acquisition Office




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