1995 (4) TMI 287

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....ve the conflict. Declaration under s.3 was published on September 3, 1977. Notification under s.28 of the Adhiniyam was published on June 7, 1982. Immediately the appellant had sought for the approval of the Government through the letter dated July 27, 1982. The Government approved the schem on August 24, 1982. The declaration under s. 32 of the Adhiniyam was published on February 28, 1987. The respondents filed writ Petition No. 14708/84. The Division Bench following the ratio in writ Petition No. 17372/87 dated March 18, 1993 titled Narinder Mohan Foundation Trust v. Special Land Acquisition Officer, Meerut, allowed the writ petition declaring that since prior approval of the Government was not obtained under exception (iii) to s. 59(1....

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....after approved by the State Govt. for continuance; and (iii) Schemes which are initiated after the declaration under s.3 of the Act with the approval of the State Government. It is to be seen that the language employed therein is that the approval of the State Government is necessary. Question is whether it would be prior approval or approval given subsequent to the notification under s.28 or declaration under s.32 is valid in law. If prior approval would have been a pre-condition for further steps, the Act would have said so. This not having been done, it seems to us what is material is to obtain approval of the State Government. The reason appears to be that when the schemes have been framed, the land suitably required for effective im....