A Section 6 declaration published simultaneously with a Section 4 (1) notification is void, and a second declaration under Section 6 must be published within three years or one year, as the case may be, from the date of publication of the Section 4 (1) notification.

A. SEETARAM REDDY, J.

( 1 ) THIS acquisition under Section 4 (1) notification is challenged on the ground that Section 6 declaration, if published beyond 3 years from the date of 4 (1) notification, and which now under the Amending Act, will render the very Section 4 (1) Notification void. The facts leading to this petition are : Section 4 (1) and Section 6 along with Section 5-A notification was simultaneously issued on 15-3-79 and that is challenged by the writ petitioners herein in the year 1985 on the ground that Section 6 declaration being simultaneous with Section 4 (1) notification is bad; no possession of the land has been taken over as yet and section 6 declaration which has now to be set aside, or then thereafter if it is published, it will be beyond three years from the date of Section 4 (1) notification,

( 2 ) THE petitioners happened to be the vendees from the original vendors in the year 1984. In fact this acquisition was earlier challenged by some other owners by filing writ petitions in this court challenging the validity of Section 4 (1) notification. Pending that writ petition, stay was granted by this Court in the year 1979 itself, that stay admittedly was confined in so far as the writ petitioners in that case was concerned, though the writ petition was dismissed but writ appeal against that is said to be pending.

( 3 ) THE main contention of Sri s. Parvatha Rao, the learned counsel for the petitioner is that by virtue of the amended Act which came into being in the year 1967, Section 6 declaration, which is admittedly in this case was simultaneous with Section 4 (1) notification in the year 1979, must be held to be bad and then any declaration thereafter must be within three years in regard to all those cases wherein Section 4 (1) notification was published anterior to that Amending Act Reliance was placed on a couple of decisions, viz. , G S T corporation V. Valji Mulji (1) AIR 1980 sc 64 and A. N P. S Co-operative House building Society Ltd. vs. K. Balarami Reddy (2 ). AIR 1984 A. P 333.

( 4 ) THE counter contentions on behalf of the Agricultural Marketing committee, by the learned counsel, Sri. M. S. Prasad is that the land which was sought to be acquired for the purpose of markerting Committee was challenged in the year 1979 itself by various owners, though not the writ petitioners herein, and therefore no further proceedings including S. 6 declaration could have been issued. It is no doubt admitted by the learned counsel that the stay in those writ petitions, and the same now continues also in writ appeals, is restricted to those writ petitioners only.

( 5 ) THE second contention is that section 6 declaration which was published earlier along with Sec. 4 (1) notification, even if it is set aside, the same could be made again without any limitation period as has been held by a Full bench of the Madras High Court reported in K. C. Gounder v. Government of Tamil nadu (3) A I R 1980 Madras, 251 and it is especially of the case wherein it has been specifically held that section 6 declaration, if made once and if for one reason or the other the same is knocked out, in respect of the second declaration to be made under Section 6, will not be affected by the period of limitation, has neither been posed before the court on which the learned counsel for the petitioner has placed reliance on, nor, muchless the same has been adjudicated.

( 6 ) BEFORE analysing the question posed, the relevant statutory provision, in respect of the amendment that has been brought in on 20-1-67 to Section 6 by act 13 of 1967 is as under:"6 Declaration that land is required for a public purpose: (1) Where the appropriate Government or the District collector is satisfied that any particular land is needed for the purpose of construction, extension or improvement of any dwelling house for the poor, a declaration shall be made to that effect under the signature of a Secretary to such government or any other officer duly authorised to cer

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