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1977 Supreme(All) 88

K.S.VARMA, HARISWARUP
Jhau Lal – Appellant
Versus
Nagar Mahapalika, Lucknow – Respondent


Advocates:
U.C. Srivastava, for Petitioners; B.L. Kaul and R.R. Agrawal, for Opposite Parties.

Judgement

HARI SWARUP, J. :- Certain petitioners have challenged through the present writ petition the validity of the Aliganj Street and City Expansion Scheme, an improvement scheme under the Nagar Mahapalika Adhiniyam. Another petition was filed earlier by some other persons in which the same scheme was challenged on various grounds, Learned counsel for the petitioners has not taken us over again the same grounds. We take it that he has argued those grounds and our judgment on those points is the same as is contained in our judgment in Writ Petition No. 137 of 1974, Mahabir Singh Kotwali v. Nagar Mahapalika LKO.

2. The first contention is that the declaration having not been made within the time limit fixed by S. 4 (2) of the Land Acquisition (Amendment and Validation) Act, 1967, Act No. 13 of 1967, the whole proceedings had become void and the scheme frustrated. Sub-s. (2) of S. 4 reads as under:-

"Notwithstanding anything contained in clause (b) of sub-sec. (1), no declaration under S. 6 of the principal Act in respect of any land which has been notified before the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967, under sub-s. (1) at S. 4 of the prin








































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