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1975 (8) TMI 122 - SC - Indian LawsWhether the pro visions of rule 3(b) were mandatory and therefore the failure to issue the notice to the department concerned as enjoined by the rule was fatal to the validity of the notifications under sections 4 and 6 of the Land Acquisition Act? Held that:- We think that the High Court was right in its conclusion that the requirement of the rule was mandatory. We quash the proceedings of the Collector (Special Land Acquisition officer, 2nd appellant) under s. SA(2) as also the decision of the Government on the basis of the report of the Collector under the sub-section. The result is that the notification under s. 6 has to be quashed and we do so. But we sec no reason to quash the notification under s. 4. We direct the Collector (2nd appellant) to proceed with the inquiry on the basis of the objection already filed under s. 5A after giving notice to the department concerned viz., the Education Department and after allowing it an opportunity to file an answer to the objection.
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