BRIJ KISHORI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. Smt. Brij Kishori Devi has filed this writ petition under Article 226 of the Constitution of India with the prayer that the notification dated 13th of August, 19% under Section 4 of the Land Acquisi tion Act as amended in State of Uttar Pradesh (for short Act) as also the notifica tion under Section 6 (2) of the Act dated 14. 10. 1996, Annexure 2 to the writ petition be quashed and mandamus should issue declaring the provisions of sub-sections (1), (2) of Section 4 and Section 17 as ultra vires the Constitution of India. Shri Ram Niwas Singh assisted by Shri Amrendra Singh has been heard at great length at the time of admission of this writ petition. The arguments have been noted with admiration but in spite of an able ad vocacy the points cannot be decided in favour of the petitioner for the reasons hereinafter mentioned.

(2.) THE first argument advanced by Shri Singh is that the notification under Section 4 is bad as it did not specifically mention that the Government or the Governor was of the opinion that immediate possession of the land is necessary. For this reason it was said that the notification is bad.

(3.) IT maybe mentioned here that when-ever a notification under Section 4 is issued it is based on the satisfaction and the opinion of the Government that the land is required for public purpose or for company. In the instant case it is admittedly a public purpose for which the land in question is needed for, a new district has already been created at Padrauna, it having been carved out from areas of district Gorakhpur, Basti and Deoria. In the absence of District head quarter enormous problems should have ac crued in the day-to-day running of the ad ministration. Therefore, it can be said without hesitation that the instant public purpose is a well demonstrated public pur pose and the necessity to take possession is writ large on the face of the public purpose itself.