CHATAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) OM Prakash, J. In these writ petitions validity of a notification dated 5-1-1991 issued under Section 4 (1) and of the declaration dated 7-1-1992 issued under Section 6 of the Land Acquisition Act, 1894 (briefly 'the Act'), (Annexures-3 and 4 to writ petition No. 9735 of 1992 respectively) by which the lands belonging to the petitioners, inter alia, are sought to be acquired, has been challenged.

(2.) SINCE the fascicle of those writ petitions relate to the aforesaid notification and declaration, issued under Sections 4 and 6 of the Act respectively the same is decided by a common judgment.

(3.) UPON a conjoint reading of sub-sections (1) and (4) of Section 17, it is seen that in the cases of urgency, the Government may direct that provi sions of Section 5-A shall not apply and if it does so direct, a declaration may be made under Section 6 in respect of the land at any time after the date of publication of notification under Section 4 (1) of the Act. The notification under Section 4 (1) had been issued in all these cases invoking sub-section (4) of Section 17 and thus, inquiry envisaged by Section 5-A was dispensed with. The common contention of the petitioners is that there was no urgency of acquisition of their lands and, therefore, inquiry contemplated by Section 5-A was illegally dispensed with by the State Government and hence, the notifica tion issued under Section 4 (1), read with Section 17 (4) and the declaration issued under Section 6 of the Act are null and void.