TMI Blog1996 (12) TMI 353X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on September 25, 1987. It would appear that subsequently, after Section 4(1) notification and declaration under Section 6 of the (Land Acquisition Act 1/1894) were published, notice was issued under Section 9 of the said Act on September 16, 1989. Award came to be passed on September 22, l989. The respondents filed writ petitions on September 25, 1989. The award was published on September 27, 1989. It would appear that the Draft Plan was issued for reservation of certain lands for the public purpose and no objections were filed. In the meanwhile, by proceedings dated December 26, 1990, the same came to be deleted by publication of the notification on June 28, 1993 and Final Plan was published on September 30, 1993. On a representation made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... residential zone on the plan. In view of the fact that of the final plan was restored, though a part of it is now said to be used for residential purpose, the question is whether 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? It is seen that by operation of Section 127 of the Act 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 pub ..... X X X X Extracts X X X X X X X X Extracts X X X X
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