RAM SURAT Vs. STATE OF U P

JUDGEMENT

(1.) IN both these writ petitions, acquisition of plots of the petitioners under the Land Acquisition Act, 1894, for purposes of providing house sites to landless agricultural labourers of the Scheduled Castes and Tribes is challenged. Identical questions arise in the two petitions and it is desirable to dispose them of by one judgment.

(2.) WRIT Petition No. 7586 has been filed by three petitioners who are the tenure-holders of plot or chak No. 910 in village Phulli, Pargana Zamania, district Ghazipur. A notification under Sections 4 (1) and 17 (4) of the Land Acquisition Act dated November 20, 1974, was published in the official Gazette. The notification mentioned the plot or chak No. 910 also. In the body of the notification, it was stated that the land was needed for a public purpose, namely, for Rural Housing Scheme. At the bottom of the notification, the purpose, for which the land was required was stated thus:-

(3.) IN both the petitions, the acquisition has been challenged on the following grounds :-