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2005 Supreme(Mad) 316

MARKANDEY KATJU, D.MURUGESAN
The Secretary to Government of Tamil Nadu & Another – Appellant
Versus
J. Sivaprakasam & Others – Respondent


Advocates Appeared: For The Appellant:V.Raghupathi, Government Pleader. For The Respondents:R.Gandhi, Senior Advocate, V.P.Sengottuvel, Advocate.

Judgment :-

Markandey Katju, CJ.

This writ appeal has been filed against the impugned judgment of the learned single Judge dated 10.04.2003. We have heard learned counsel for the parties and perused the records.

2. The short question in this writ appeal is whether there has been violation of Section 4 of the Land Acquisition Act, 1894.

3. Section 4(1) of the Land Acquisition Act reads as follows:-

“4. Publication of preliminary notification and powers of officers thereupon. – (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose or for a company, a notification to that effect shall be published in the Official Gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification).”

4. The notification dated 13.11.1998 under Section 4(1) in the present case w














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