JUDGEMENT
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(1.) Leave granted.
(2.) Though notice has been served on the contesting respondents, they have not appeared either in person or through counsel.
(3.) We have heard Shri O. P. Rana, learned senior counsel for the petitioner. The acquisition of the land by the Ghaziabad Development Authority was initiated by notification on February 25,1986, under Section 4(1)of the Land Acquisition Act, 1894 (for short, 'the Act'); enquiry under section 5A was dispensed with under Section 17(4 of the Act and the Declaration under Section 6 was made on February 26,1986. Both the notification and declaration were simultaneously published on April 10,1986.
The respondents 1 and 2 have filed writ petition No. 7155/86 in the High Court of Allahabad challenging the validity of the notification under Section 4(1)on the ground that local publication as required under Section 4(1)was not made. The exercise of the power under Section 17(4)was also wrongly invoked, as simultaneously notification under Section 4(1) and declaration under Section 6 could not be published. The High Court accepted the contentions and by impugned order dated November 3, 1987 allowed the writ petition and quashed the notification under Section 4(1)and the declaration under Section 6. Thus this appeal by special leave.;
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