RAJ KISHORE Vs. STATE OF U P

JUDGEMENT

(1.) THE question which arises in this writ petition is whether the respondents were justified in invoking Section 17 and dispensing with the proceedings under Section 5-A of the Land Acquisition Act (hereinafter referred to as the Act).

(2.) FOR constructing Laboratory for U. P. Council Sugarcane Research and Breeding Institute, Deoria, Cane Department requested the collector, Deoria for acquiring 6.41 acres land of plot no. 27 belonging to the petitioners (hereinafter referred to as the land). The Collector by a letter dated 17-5- 1979 requested the Government of U. P. for acquiring the land and for issuance of Notifications under Section 4 read with Section 17 and Section 6 of the Act. Along with this letter, Notifications under Section 4 read with Section 17 and Section 6 were also sent to the Government. The Government appears to have agreed with the decision for acquiring the land, but asked the Collector about the quantum of compensation which will be required to be paid for the land. The question of compensation was not settled for several years, as the Cane Department was not willing to pay the compensation suggested by the Collector. All this resulted ia non-publication of Notifications under Section 4 read with Section 17 of the Act.

(3.) AS the Government has applied the provisions of Section 17 and has dispensed with the proceedings under Section 5-A of the Act, the question for consideration is whether the Government was justified in applying Section 17 and eliminating the summary proceedings under Section 5-A, depriving the petitioners of the right to file objections.