MADHAVI AMMA Vs. REVENUE DIVISIONAL OFFICERKOZHIKODE

JUDGEMENT

(1.) The petition is under Art.226 of the Constitution to quash certain proceedings taken under the Land Acquisition Act, 1894, which may be referred to hereafter as the Act. The notification Ext. A under S.4(1) of the Act, was dated January 6, 1959, and published in the Government Gazette on January 27, 1959. Ext. A provided that:

(2.) S.17(4) is in the following terms: -

(3.) The learned Government Pleader objected, that the point has not been taken by the petitioner in the affidavit, that the Government had not formed an opinion under S.17(4) of the Act. No doubt, the point raised is not as specified as could be desired, but in Para.5 of the affidavit, the point has been taken, that the direction under S.17(4) has not been made in compliance with the conditions prescribed therein. It does not therefore seem proper to overrule this contention on this preliminary ground. On these grounds, Ext. A notification; in so far as it dispenses with the provisions of S.5A, has to be quashed. In this view, Ext. D notification under S.6 of the Act also, has to be quashed. This petition is therefore allowed in these terms, but there will be no order as to costs.