RAMANAND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioners are aggrieved by a notification issued under Section 4(1) of the Land Acquisition Act, 1894 (in short "the Act") in which the provisions of Section 17(1) of the Act have also been invoked. According to the petitioners, the acquisition is contrary to the decree passed by the Civil Court, and is actuated by malafides.

(2.) Sri Ramendra Pratap Singh, learned Counsel appearing for the NOIDA (respondent No. 3) has raised a preliminary objection that the Writ Petition is premature as no declaration under Section 6 of the Act has as yet been issued.

(3.) Section 17(1) of the Act provides that the State Government may in case of urgency direct possession of the land to be taken but the said Section makes it clear that possession can be taken after 15 days from the publication of notice mentioned in Section 9(1) of the Act. Notice under Section 9(1) is issued after issuance of notification under Section 6 of the Act.