Jayanta Kumar Biswas, J. - (1.) By this writ petition dated 7th September, 1998 the petitioners have challenged actions and steps taken by the respondents under The Land Acquisition Act, 1894 (hereinafter referred to as "the Act"). To be precise, they have questioned the legality and validity of:-- (a) the notification under Section 4 published on 23rd July, 1997 (Annexure 'J') and (b) the declaration under Section 6 published on 12th August, 1998 (Annexure 'N').
(2.) The contentions of the petitioners are few in number. The first contention is:-- the declaration published on 12th August, 1998, in the official gazette, in terms of Section 6(2) of the Act, was published beyond the period of one year from the date of publication of the notification under Section 4(1) of the Act, which had been published on 23rd July, 1997.
(3.) By relying on the provisions contained in clause (ii) of first proviso to sub-section (1) of Section 6 the learned counsel for the petitioners contends that the declaration having been made beyond the period of one year from the date of publication of the notification under Section 4(1) of the Act, must be held to be void, resulting in lapsing of the Section 4 notification.;