The state's amendment of land acquisition notifications is valid, and withdrawal requires refiling under appropriate sections.

1. On 26th March, 1969, the State Government issued a notification under S.4(1), Land Acquisition Act , notifying that the land mentioned in the schedule thereto was needed for public purposes. Plots Nos.283, 284 and 285 along with several other plots of village Jamalpur Mafi were included in this notification. In due course on 13th November, 1969, the State Government issued the notification under S.6(1) of the Act in respect of the plots which were mentioned in the notification under S.4. On 27th July, 1970 however, the State Government issued a notification stating that the Governor is pleased to make the following amendments in the notification dated 13th November, 1969. The amendments were the deletion of plot No.283 and the reduction of the areas of plots Nos.284 and 285 by one biswa each. The effect of this amendment was that the S.6 notification stood amended by deletion of plot No.283 therefrom and reducing the area of plots Nos.284 and 285 by one biswa respectively. Thereafter the State Government issued yet another notification on the very next day namely July 28, 1970, whereby it was stated that in continuation of the notification dated 26th March, 1969 issued under sub-section (1) of S.4 of the Land Acquisition Act the Governor is pleased to declare under S.6 of the Act that he is satisfied that the land mentioned in the schedule is needed for a public purpose and that under S.17 of the said Act to direct the Collector of Aligarh to take possession of the land. The schedule mentioned 3 plots namely 283, 284 and 285. In regard to plots 284 and 285 only one biswa area was included. Thus the position was that at first the Government excluded plot No.283 and one biswa each of plots Nos.284 and 285 from the notification under S.6 issued in November, 1969 but on 28th July, 1970 they issued a fresh notification under S.6 of the Act in respect of these plots.

2. The appellant instituted a writ petition in this Court challenging the earlier notification under S.4 and S.6. Various grounds urged in support of that writ petition, however, did not find favour with the learned single Judge of this Court who dismissed the writ petition. Consequently, the appellant filed the present appeal. During the pendency of the appeal the appellant applied for amendment of the writ petition by inclusion of the notifications dated 27th and 28th July, 1970. After hearing learned counsel, we permitted the amendment.

3. Learned counsel for the appellant has raised several points in support of the appeal. The first point was that the Government having withdrawn from the acquisition it could not acquire the plots with respect to which the withdrawal had taken place without issuing a fresh notification under S.4 and without making a fresh enquiry under S.5 - A of the Land Acquisition Act S.48(1) the Land Acquisition Act gives liberty to the Government to withdraw from any acquisition of land of which possession has not been taken. Admittedly possession of the plots Nos.283, 284 and 285 had not been taken when the notification dated 27th July, 1970, was issued. It was urged that the effect of this notification was that the Government had withdrawn from the acquisition. In our opinion, the submission is misconceived. Withdrawal from the acquisition would have taken place if the notification under S.4 had also been amended, so as to exclude the three plots in dispute. On 27th July,1970, the position was that these plots were included in the notification under S.4(1) and the report under S.5 - A had, after considering the objections of the appellant in regard to these three plots also, made the requisite recommendations with respect to them. But the G