KAILASAM, J:

1. This petition is referred to a Bench by Koshal, J. The question that arises for consideration is the scope of the amended S. 6 clause (a) (ii) proviso of the Land Acquisition Act. A notification under Sub-S.(1) of S. 4 of the Land Acquisition Act was made on 15th March 1967 and was published in the Government Gazette on 29th March 1967. Simultaneously, a declaration under S. 6 dispensing with the objections under S. 5-A was also passed. The petitioner challenged the declaration under S 6 in a petition under Art. 226 of the Constitution of India, namely, W.P. No. 2793 of 1968, and which was disposed of on 21st January 1970, striking down the declaration on the ground that no case for dispensing with the objection under S. 5-A of the Act had been made out. The authorities then invited objections under S. 5-A and decided to issue a fresh declaration under S. 6, which was published on 9th September 1971. The main ground that was urged was that under the first proviso no declaration shall be made after the expiry of three years from the date of the publication of the notification under S. 4. The proviso is important and is extracted:

“Provided that no declaratio