GOMTI BAI TAMRAKAR Vs. STATE OF M P

JUDGEMENT

(1.) THE writ petition has been filed challenging the notification dated 28th march, 2008 issued under Section 4 (Annexure P-l) and the notification dated 15th May, 2008 (Annexure P-2) issued under Section 6 of the Land Acquisition act.

(2.) THE case of the petitioners is that the petitioner No. 1 is owner of the house situated on Hiraganj Tiraha and the petitioner No. 2 is the owner of the house situated on Garg Chowk, Malviya Ganj, Katni. The notification dated 28th March, 2008 issued under Section 4 (1) of the Land Acquisition Act was published in the M. P. State Gazette dated 25-4-2008. Thereafter, the declaration under Section 6 was published on 15-5-2008. In the present petition, the notifications under Section 4 (1) of the Act as well as declaration under section 6 are under challenge.

(3.) LEARNED Counsel appearing for the petitioners submitted that the notification under Section 4 (1) of the Act is vague inasmuch as it does not contain the full details of the land proposed to be acquired and also the public purpose is not specific. The notification is so vague that the petitioners have been deprived of their right under Section 5-A of the Act. He further submitted that by the impugned notification approximately 4763. 229 sq. mt. of land of patwari Halka No. 43 and number Bandobast 493 was proposed to be acquired which is part of larger piece of land. He further submitted that invocation of urgency clause under Section 17 of the Act is bad and unsustainable.