ABDUL GHAFFAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution, the petitioner has challenged validity of the land acquisition proceedings taken by respondents under which the petitioner's land has been acquired under the provisions of the Land Acquisition . Act.

(2.) Abdul Gaffar, the petitioner is the owner of abadi land having Municipal Nos. 262 and 263 situate in the town of Sikandarabad, district Bulandhshar. A notification under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was issued by the Collector, Bulandsbahr on November 7, 1970. Objections under Section 5-A of the Act were invited. After obtaining the report of the Collector under Section 5-A of the Act, the State Government issued notification under Section 6 of the Act on November 8. 1973 acquiring the petitioner's land for the purpose of construction; of a building for science Laboratory, Dark Room, Cycle stand for the Jain Higher Secondary School, Sikandarabad run by Jain Siksha Samiti, Sikandarabad, when the respondents (authorities) wanted to take possession of the land, the petitioner filed this petition challenging the validity of the acquisition proceeding claiming relief for the issue of writ of certiorari quashing the notifications issued under Sections 4 and 6 of the Act.

(3.) Learned counsel for the petitioner urged that even though the land was acquired for a company within the meaning of Section 3 of the Act, the mandatory provisions of Rule 4 of the Land Acquisition (Companies) Rules 1963 were not com plied inasmuch as no notice was given to the petitioner nor any inquiry as contemplated by the rule was ever held by the Collector. Since the notification under Section 6 of the Act has been issued without complying with the provisions of Rule 4, it is rendered invalid. We find merit in this submission.