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1991 Supreme(Mad) 888

P.S.MISHRA, JANARTHANAM, BAKTHAVATSALAM
Seethalakshmi Ammal – Appellant
Versus
State of Tamil Nadu and Another – Respondent


Appearing Advocates:Nandakumar, P. Sadasivan, Advocates.

Judgment :-

MISHRA J.

A Bench of this Court in a batch of writ petitions in W.P. No. 865 of 1982 etc. and W.P. No. 3137 of 1983, etc. held in its judgement dated 8-1-1988 and 21-1-1988 that a subsequent purchaser of a property notified for acquisition under Section 4(1) of the Land Acquisition Act, I of 1894 and then followed up by Section 6 declaration cannot have any locus standi to question the acquisition. Venkataswami, J. and Abdul Hadi, J. found however that they were unable to agree with the said view.

2. Speaking for the Bench in W.P. No. 865 of 1982, Mohan, J. (as he then was) observed :

"W. P. No. 865 of 1982. This is a case in which the petitioner with open eyes when the properties have been notified for acquisition by 4(1) notification and then followed up by Section 6 declaration which is conclusive under Section 6(3), has come to purchase the property and wants to say that he could question the validity of the acquisition. In support of the argument, a judgement reported in Gunwant Kaur v. Bhatinda Municipality, 1970 AIR(SC) 802, 1969 (3) SCC 769, 1970 ALJ 178, 1970 All(LJ) 178 : 1970 AIR(SC) 802, 1969 (3) SCC 769, 1970 ALJ 178, 1970 All(LJ) 178 is cited. The relevant p

























































































































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