RAGHUNATH & ORS. versus STATE OF MAHARASHTRA & ORS.

RAGHUNATH & ORS. versus STATE OF MAHARASHTRA & ORS.

Withdrawal of an invalid Section 6 declaration does not render the Section 4 notification ineffective or infructuous; proceedings for acquisition can continue on a valid subsequent notification for overlapping lands, with prior proceedings deemed superseded.

Parties
Appellant: Raghunath & Ors.; Respondent: State of Maharashtra & Ors.
Jurisdiction
India
Judgment Date
07 April 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated 7.10.1986 in W.p. No. 1143 of 1985
Outcome
appeal dismissed
Legal Topics
Validity of Section 6 Declaration, Withdrawal of Declaration, Effect of Withdrawal on Section 4 Notification
Land Acquisition Validity of Section 6 Declaration Withdrawal of Declaration Effect of Withdrawal on Section 4 Notification

Case Brief

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Parties

Raghunath & Ors.

Appellant

State of Maharashtra & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated 7.10.1986 in W.p. No. 1143 of 1985

Legal Issues

  1. 1 Whether withdrawal of an invalid declaration under Section 6 renders the Section 4 notification ineffective and infructuous
  2. 2 Whether proceedings can be continued after withdrawal of Section 6 declaration
  3. 3 Overlap of lands in successive Section 4 notifications

Ratio Decidendi

Withdrawal of an invalid Section 6 declaration does not render the Section 4 notification ineffective or infructuous; proceedings for acquisition can continue on a valid subsequent notification for overlapping lands, with prior proceedings deemed superseded.

Court Disposition

appeal dismissed

Orders

  • In respect of lands covered by both Section 4 notifications, further proceedings shall be taken only in pursuance of the latter notification; proceedings initiated by the first notification shall be deemed superseded.
  • No order as to costs.