CHUTKI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioners are challenging the Notification dated 29.11.1990, issued under Section 4 read with Section 17 of the Land Acquisition Act a copy of which is Annexure-2 to the writ petition.

(2.) This petition is highly belated. Moreover, the notification itself shows that the land is being acquired for a public purpose, i.e., establishing a residential colony under the planned development scheme in Phaphamau, Pargana Soraon, district Allahabad. It is well-settled that this is for a public purpose and there is urgency in such matter vide W. P. No. 47391 of 2003, A.K. Goel v. State of U. P., decided on 27.2.2004.

(3.) Learned counsel for the petitioners submits that possession of the land in question cannot be taken without paying the compensation provided for under Section 17 (3A). This submission is correct. Section 17 (3A) states :