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january 1989

Supreme Court of India · 1989-01-11

STATE OF UTTAR PRADESH & ORS. vs RADHEY SHYAM NIGAM & ORS. ETC. ETC.

Citation / case number
SC 1986/69695
Court
Supreme Court of India
Petitioner
STATE OF UTTAR PRADESH & ORS.
Respondent
RADHEY SHYAM NIGAM & ORS. ETC. ETC.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that under the Land Acquisition Act, 1894, specifically after the amendments introduced by the Land Acquisition (Amendment) Act, 1984, a declaration under Section 6 cannot be issued simultaneously with the notification under Section 4(1). The Court affirmed the High Court's ruling that there must be a difference in dates between the publication of the Section 4 notification and the Section 6 declaration, rendering the simultaneous notification illegal. Consequently, the Court upheld the High Court's decision to quash the notification issued under Section 6, thereby denying the appellants the right to take possession of the land.

STATE OF UTTAR PRADESH & ORS. vs RADHEY SHYAM NIGAM & ORS. ETC. ETC. · Niyam