IFTIKHAR AHMED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution has been filed by the petitioner Iftikhar Ahmed for quashing notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The petitioner also seeks to quash the declaration issued under Section 9 of the Act and prays for a writ restraining the Slate Government from taking any action on those notifications and the declaration.

(2.) The petitioner is the lessee of three survey numbers totalling to 6.93 acres in the City of. Bhopal. The lease was taken by him from respondent No. 3 (Municipal Board, Bhopal). At the instance of respondent No. 2, the State Government (respondent No. 1) issued Notifications Nos. 768-19130-VII-N and 76-19130-VII-N respectively under Sections 4 and 6 of the Act. The first is dated 23-12-1958 and was published in the Madhya Pradesh Gazette on 2-11959. The second is dated 3-1-1959 and was published in the Gazette on 9-1-1959. In the first notification, it was also stated that the lands were urgently required and so, in exercise of the powers under Section 17(4) of the Act, it was declared that the provisions of Section 5-A shall not apply. In the special notice served on the petitioner, it was stated that possession of the land would be taken immediately. The purpose for which the acquisition is being made is for constructing a new slaughter house.

(3.) The petitioner challenges the notifications on several grounds. It is contended that they are not properly authenticated and are vague, as they do not give description of the land sufficient to identify it. He states that the construction of a new slaughter house is not necessary and is not a public purpose. Further, he urges that the matter is not urgent and the land is not "waste or arable" land within the meaning of Section 17 (1) of the Act. Therefore, the State Government exceeded its powers in declaring that Section 5-A would not apply. The petitioner thus complains that Ee has been deprived of a valuable right to show cause against acquisition under Section 5-A of the Act