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april 1988

Supreme Court of India · 1988-04-07

RAGHUNATH & ORS. vs STATE OF MAHARASHTRA & ORS.

Citation / case number
SC 1988/70935
Court
Supreme Court of India
Petitioner
RAGHUNATH & ORS.
Respondent
STATE OF MAHARASHTRA & ORS.
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court held that under the Land Acquisition Act, 1894, once a valid declaration under Section 6 is made, the scope of the notification under Section 4 is exhausted, unless the Section 6 declaration is invalid or ineffective. The Court clarified that there is no distinction between a declaration invalidated by the court and one withdrawn by the government due to identified illegality. The appeal was dismissed, affirming the High Court's decision that the withdrawal of the earlier declaration does not render the Section 4 notification ineffective or infructuous.

RAGHUNATH & ORS. vs STATE OF MAHARASHTRA & ORS. · Niyam