The observation was made by a division bench comprising Acting Chief Justice Ashok Bhushan and Justice A M Shaffique on an appeal filed by NTPC against the acquisition of a portion of land which was earlier acquired for it to set up a thermal plant in Alapzuha district.
Out of the total land, some unutilized land was proposed to be acquired by the state government for setting up a medical college at Haripad in the district.
NTPC stated that without the clearance from the Central government and its director board, acquisition cannot be proceeded with.
Challenging the acquisition proceedings by the district collector, NTPC approached the High Court, which was dismissed by a single judge after which it filed an appeal.
Dismissing the appeal, the division bench held that there is no prohibition for acquiring a piece of land which has already been acquired.
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