AJADUL BUX Vs. STATE OF U P

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution. By means of the present petition proceedings under the Land Acquisition Act in respect of plots Nos 1309, 1310, 1311, 1312, 1313, 1318 and 1319 of village Gani Bundwara, pergana Patialla, Dist, Etah has been challenged. The notification Under Section 4 (1) of the Land Acquisition Act, hereinafter referred to as the Act was issued on 15th Dec. 1969. The case of the petitioners is that they have got their own residential building, family graveyard and mosque in plot No. 1310 and over plots Nos. 1312 and 1313 they have their own residential house and some portion of the land appurtenant thereto. It has been further alleged in the petition that the petitioners did not receive any notice Under Section 4 of the Act nor any other information was given to the petitioners. Subsequently a notification was issued on 17th Feb, 1972 Under Section 6 r. w. Section 17 (1) of the Act and the possession of the land in dispute was sought to be taken over from the petitioners on the basis of the said notification. Hence the necessity of filing the present petition in this Court.

(2.) The petition was admitted on 14th Mar, 1972 and the respondents were directed not to dispossess the petitioners from the plots in dispute. This interim order was confirmed on 25th July 1972. The result, therefore, is that the petitioners' possession over the plots in dispute still remains.

(3.) The petitioners have challenged the validity of the notification Under Section 4 of the Act on the ground that there was no urgency at all and the State Government could not have dispensed with the provisions of Section 5-A of the Act resulting in serious prejudice to the petitioners.