BRIJ MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) IN all these four Writ Petitions acquisition of certain plots under the Land Acquisition Act, 1894 for a public purpose viz., construction of Sarda Sahayak Feeder Channel in District Rae Bareli is challenged. Since identical questions arise in these petitions it is desirable to dispose them of by one judgment.

(2.) WRIT Petition No. 180 of 1974 was filed by five petitioners on 12-2-1974. Petitioners 1 to 3 are the Bhumidhars of Plot No. 616 and petitioners 1, 4 and 5 are Bhumidhars of plot No. 550 situated in village Deopuri, District Rae Bareli. A notification under Section 4 (1) of the Land Acquisition Act dated 22-8- 1973 was published in the U. P. Gazette dated 1-9-1973. The said plots are specified in the schedule to the said notification. In the body of the said notification it was stated that the land was needed for a public purpose, namely, for the construction of Sarda Sahayak Feeder Channel in District Rae Bareli. At the bottom of the notification also the said purpose is mentioned and it is also noted that the site plan could be inspected in the office of the Special Land Acquisition Officer, Rae Bareli. Thereafter notification dated 23-5-1974 under Section 6 of the Act was published in the U. P. Gazette dated 8-6- 1974.

(3.) WRIT Petition No. 1629 of 1974 has been filed by sixteen petitioners who claim to be agricultural labourers and residents of villages Kachonda Nankari, Parigawan, Gohanna and Bhuwapur Junnardar in the District of Rae Bareli. A notification under Section 4 of the Land Acquisition Act was published in the U. P. Gazette dated 19-5-1973 for acquisition of the land in villages Jamalpur, Karaundi, Adampur, Parigawan and Bhuwapur Junardar and notification under Section 6 of the Act was published in the U. P. Gazette dated 28-8-1973.