Expired acquisition power cannot be revived through an old notification after final quashing of the Section 6 declaration.

When the statutory period for making a Section 6 declaration had expired and the earlier declaration had already been quashed by the High Court without challenge, the State could not revive the acquisition by relying on the same preliminary notification. The finality of the unchallenged quashing order, coupled with expiry of the Tamil Nadu amendment period, meant the power to proceed under the existing Section 4(1) notification was no longer available. The acquisition was therefore liable to be quashed, though the State remained free to begin fresh acquisition proceedings in accordance with law if public interest required.

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Issues: Whether, after the period prescribed by the Tamil Nadu amendment to the Land Acquisition Act had expired and the declaration under Section 6 had been quashed by the High Court without challenge by the State, the State could still validly make a declaration under Section 6 on the basis of the earlier preliminary notification, and whether the acquisition had to be set aside.

Analysis: The preliminary notification under Section 4(1) had been issued in 1975 and the declaration under Section 6 followed in 1978. The High Court quashed the declaration under Section 6 and left the preliminary notification intact. Since the State did not challenge that order, it attained finality. By the time the matter reached the Court, the three-year period prescribed by the Tamil Nadu amendment had already expired, and no further declaration could be made on the strength of the earlier notification. In these circumstances, the statutory power to proceed under the existing preliminary notification was no longer available.

Conclusion: The State could not make a fresh declaration under Section 6 on the basis of the old preliminary notification, and the acquisition was liable to be quashed.

Final Conclusion: The landowners succeeded, and the acquisition proceedings were set aside, while leaving the State free to initiate fresh acquisition proceedings in accordance with law if public interest so required.

Ratio Decidendi: Where the period prescribed for making a declaration under the land acquisition statute has expired and the earlier quashing of the declaration has become final, the State cannot revive the acquisition by relying on the same preliminary notification.

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