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1996 (12) TMI 353 - SC - Indian LawsWhether the entire process of the issuance of the notice under Section 28 involving consideration of the objections and passing of the final plan after consideration is required to be gone through? Held that:- By operation of Section 127 of Maharashtra Regional & Town Planning Act, 1966, where any land is included in any of scheme as being reserved, allotted or designated for any purpose specified therein or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a public purpose different from any such public purpose or purpose of the Planning Authority, Development Authority Appropriate Authority, the State Government may notwithstanding anything contained in this Act, acquire such land under the provisions of the Land Acquisition Act, l894. Sub-section (3) envisages that on the land vesting in the State Government under Section 16 or 17 of the Land Acquisition Act, 1894, as the case may be, the relevant plan or scheme shall be deemed to be suitably varied by reason of acquisition of the said land. Thus it could be seen that once a notification under section 4(1) was published and declaration under Section 6 of the Land Acquisition Act came to published, the public purpose becomes conclusive and for any variation without substantial formalities, it is not necessary that the entire process of re-publication of the notification under Section 28, finding having been recorded under both the Section 31 read with Section 37, requires to be followed. The view of the High Court, therefore, was not correct. In the absence of notice or failure to serve notice, the award does not become invalid. Due to the fact that immediately after the award and before the publication of the award, the writ petition came to be filed on September 25, 1980, we direct the appellants to make an application within six weeks under Section 18(1) of the Land Acquisition Act seeking reference. The land Acquisition Officer is directed to refer the matter to the competent civil Court for disposal within two months according to law. Appeal allowed.
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