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Issues:
1. Interpretation of whether a notification under Sub-section (4) of Section 17 of the Land Acquisition Act can be issued without a prior notification under Section 17(1). Detailed Analysis: Issue 1: Interpretation of Notifications under Sections 17(1) and 17(4) of the Act The main issue in this case revolves around the interpretation of the Land Acquisition Act, specifically Sections 17(1) and 17(4). The court analyzed the provisions and concluded that these sections operate independently at different stages of land acquisition proceedings. Section 17(1) allows the Collector to take possession of land after specific notifications and objections have been dealt with, while Section 17(4) empowers the appropriate Government to bypass Section 5-A in cases of urgency. The court clarified that the only requirement for issuing a notification under Section 17(4) is the applicability of urgency conditions as specified in Sections 17(1) or 17(2) of the Act. Judicial Precedents and Disagreements The court referred to previous judgments to support its interpretation. It cited Nandeshwar Prasad v. U. P. Government and Sarju Prasad Saha v. State of U. P., which emphasized the independent nature of Sections 17(1) and 17(4) in dealing with urgent land acquisition situations. The court disagreed with a previous view that suggested a notification under Section 17(1) was a prerequisite for Section 17(4) to be applicable. The court highlighted that the legislative intent was to allow the appropriate Government to act swiftly in urgent cases without the need for sequential notifications. Interpretation of "Applicability" The court clarified that the term "applicable" in Section 17(4) does not imply that Section 17(1) must have been applied beforehand. Instead, it signifies the existence of conditions warranting urgent action as outlined in Sections 17(1) and 17(2). The court stressed that the purpose of Section 17(4) was to provide an exception to the general rule of Section 5-A in cases of urgency, without imposing a rigid sequential requirement. Effect on Land Acquisition Process Furthermore, the court highlighted that issuing a direction under Section 17(1) is contingent upon determining land needed for public purposes through a declaration under Section 6. Therefore, waiting for a Section 17(1) notification before Section 17(4) could hinder the efficiency of the land acquisition process. The court concluded that the direction under Section 17(4) does not suffer from any defects and dismissed the petitions while directing parties to bear their own costs. In conclusion, the judgment clarifies the independent operation of Sections 17(1) and 17(4) of the Land Acquisition Act, emphasizing the flexibility provided by Section 17(4) in urgent land acquisition scenarios. The court's interpretation ensures a more efficient and practical approach to addressing urgent public needs without unnecessary procedural delays.
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