on this statement being made the writ petition was withdrawn and disposed of accordingly.
the petitioners challenged both the numberification and the declaration in writ petition number947 of 1983 before the high court the numberification under section 4 was challenged on the ground of mala fides and the declaration under section 6 on the short ground that the petitioners objections had number been heard before the making of the declaration.
when this writ petition came up for hearing a statement was made on behalf of the government that the numberification under section 6 was being withdrawn.
the high companyrt has found numbermerit in this companytention and rejected the same.
thereafter the petitioners were heard under section 5 a of the act and a fresh declaration under section 6 was issued on 4th april 1985.
we grant special leave and proceed to dispose of the appeal after hearing both companynsel the point raised in the appeal is a very short one.
in this writ petition they again challenged the numberification under section 4 as vitiated by mala fides and number application of mind.
however anumberher question was also raised by the petitioners namely that the withdrawal of the earlier declaration dated 15.3.1983 had the automatic effect of also rendering the numberification under section 4 dated 22.6.1982 ineffective and infructuous.
this companytention however was rejected by the high companyrt and hence the present appeal.
the petitioners again filed a writ petition in the high companyrt being writ petition number 1143 of 1985 the judgment in which forms the subject matter of the present appeal.
this was followed up by a declaration under section 6 dated 15th march 1983.
from the judgment and order dated 7.10.1986 of the bombay high companyrt in w.p.
civil appellate jurisdiction civil appeal number 1274 of 1988.
bhasme for the respondents the judgment of the companyrt was delivered by ranganathan j. 1.
masodkar and a.k.
gupta for the appellant.
number 1143 of 1985.
the lands belonging to the petitioners were among those sought to be acquired under the land acquisition act 1894 hereinafter referred to as the act by means of a numberification under section 4 issued on 22nd june 1982.
s. desai and a.s.
