SAMIRMAL Vs. STATE OF M P

JUDGEMENT

(1.) This petition has been filed by the petitioners challenging a notification issued on 4th March 1978 under Section 4 (1) of the Land Acquisition Act, 1894 and further proceedings in the matter and a direction is sought quashing the notification and further proceedings.

(2.) According to the petitioners they are the bhumiswamis of agricultural land situated at New Hospital Road, Jaora, district Ratlam, described below: Khasra Area in Land No. Hectares. Revenue. 904 0.139 905 0.025 Rs. 59.14 paise. 906 0.822 It is alleged that the petitioners purchased the said lands in the year 1974 and developed it into a modern irrigated farm. The petitioners also keep she- buffaloes on this farm and intend to develop a modern dairy farm.

(3.) It is alleged that the respondent No. 1 on 4-3-1978 issued a notification No. 8/11/78/Sa.1/VII under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and this was published in the Madhya Pradesh State Gazette dated 16-6-1978 Part I at page 446. In this notification it was stated that land measuring 0.809 hectares in village Jaora was required or likely to be required for the public purpose mentioned in the schedule "expansion of capacity of telephone exchange". It was further stated in this notification that provisions of Section 5A of the Act would not apply in respect of this land as in the opinion of the State Government the provisions of Section 17 (1) of the Act applied to it,