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1990 (8) TMI 399

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..... here is appearance through counsel. Heard counsel for both sides and with their consent the matters are disposed of at the SLP stage. Notice under Section 4(1) of the Land Acquisition Act was issued on 12-11-1975 and the declaration under Section 6 was made on 10-11-1978. The High Court on the basis of a writ petition of the petitioners quashed the declaration under Section 6 by its order dated .....

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..... re of the view that in these circumstances it would no more be available to the State to make the requisite declaration under Section 6 of the Act. The acquisition itself is quashed but we make it clear that it is open to the State Government in case it is satisfied that acquisition is necessary in public interest, it is free to exercise its power of eminent domain and make a fresh preliminary .....

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