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It was open to Parliament to adopt either course, e. (1) Any inhabitant of the municipality may, within a fortnight from the publication of the said notice, submit to the board an objection in writing to all or any of the proposals framed under the preceding section, and the board shall take any objection so sub- mitted into consideration and pass orders thereon by special resolution. Counsel for the appellants urged that the power conferred upon the municipality could only be, exercised when there was any „hindrance to the permanent or temporary acquisition“ by the municipality of any land required for the purposes of the Act, and since there is no proof of such hindrance, all the proceedings for acquisition must be deemed void.

4 of the Land Acquisition Act, the appropriate Government is therefore not prevented, merely because the municipality has not attempted to acquire the land by private treaty. In any case, the power of the appropriate Government under s. This appeal is by a certificate granted by the Punjab High Court under Art. (a) to provide expressly for the retrospective operation Chandigarh High Court Best Lawyers of s. 6 of the Land Acquisition Act, not- withstanding any judgment, decree or order to the contrary.

5-A or more than one declaration under s. “ This sub-section has no application to the licensees for, it empowers the State Government either to supply directly or authorise the Board to directly supply energy even in an area for which it has given sanction to a person other than a licensee to engage in the business of supplying energy to the public in such area. On a review of these provisions it is clear that the municipality under the Bombay Municipal Boroughs Act, 1925, had the power to acquire land needed for municipal purposes including widening, opening, enlarging or otherwise improving any public street or municipal road.

There is no other bar statutory or otherwise to the acquisition of the land for purposes of a municipality. (3) The board shall, thereupon, publish in the manner prescribed in section 94 the proposals framed under sub-section (1) and the draft rules framed under sub-section (2) along- with a notice in the form set forth in Schedule Ill. There was, therefore, no condition precedent to the acquisition of the land before a notification under s.

The new sub-section reads as under:– „(1-B). 3, or, (b) to lay down that no acquisition purporting to have been made and no action taken before the Land Acquisition (Amendment and Validation) Ordinance, 1967 shall be deemed to be invalid or ever to have become invalid because inter alia of the making of more than one report under s. LORD CLARKE AND LORD HUGHES: We agree that the relevant principles are those stated by Lady Hale, Lord Neuberger and Lord Wilson.

But the municipality did permit construction on the lands. 133 of the Constitution against its judgment and order dated January 7, 1963 in Letters Patent Appeal. For the purpose of widening the street, the municipality had the power under s. Section 52 merely sets out alternative modes of acquiring property : it does not provide that before a Municipal Borough may move the Government to acquire land under the Land Acquisition Act, the Borough should have made attempts to purchase the.

114 to purchase the land, and under s. “ Section 132 provides for filing objections by inhabitants of the, municipality and the procedure for dealing with such objections. In our judgment, the argument is misconceived. Lawyers In Chandigarh High Court issuing the notification under s. land by private treaty and have failed in that attempt. 52 the municipality could request the local Government to take action for compulsory acquisition of the land and for vesting the same in the municipality. The State Government may notwithstanding that sanction for engaging in the business of supplying energy to the consumer Advocate in Chandigarh High Court an area has been given to any person under sub-section (1), whether before or after coming into force of the Indian Electricity (U.

157 of 1959 reversing a decision of a single Judge of that Court who had dismissed a writ petition filed by the respondents on June 7, 1958 to declare that the order of the first appellant reverting him to his permanent post in the Delhi Administration was invalid and to quash the same. The scheme of the Land Acquisition Act is that whenever the land is needed for a public purpose or is likely to be needed for a public purpose, the Government may resort to the machinery provided under the Act for acquiring the land.

4 of the Land Acquisition Act was issued which was not complied with. 4 of the Land Acquisition Act to notify land needed or likely to be needed for a public purpose is not subject to the restriction that when the public purpose is of the municipality, the municipality has attempted to purchase the land by private treaty and has failed Advocates in Chandigarh High Court that attempt. Section 212 52 of the Bombay Municipal Boroughs Act, 1925, authorises the municipality to purchase property required for the purpose of the Act by private treaty or to approach the Government for compulsory acquisition of the land for a public purpose.

The Judgment of the Court was delivered by Mitter, J. 3 of the Act does not affect the validity of s. We also agree that the appeal should be dismissed, essentially for the reasons given by Lord Wilson. Sanshodhan) Adhiniyam, 1961, give direct supply, or authorise the State Electricity Board to give direct supply, Lawyers in High Court Chandigarh the same area. In view of the decisions of the Judicial Committee, the Federal Court and this Court referred to above, it must be held that the absence of a provision Lawyers In Chandigarh High Court the Amending Act to give retrospective operation to s.

Where the public purpose is the purpose of a local authority and the provisions of the Land Acquisition Act are put in force for acquiring land at the cost of any fund controlled or managed by a local authority, s. 50 of the Land Acquisition Act provides that the charges of and incidental to such acquisition shall be defrayed from such fund. 118(3) were therefore not attracted. The municipality laid down a line of the street: after the line of the street was laid down, it was open to the municipality to decline permission to construct or reconstruct any building on the land and the lands were to be deemed added to the street.