BIRU Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioners, through this writ petition, have sought for quashing the impugned Notification dated 17-1-1980, copy of which is annexed as Annexure P-1 to the writ petition, issued by respondent No. 1 under Section 4 of the Land Acquisition Act, 1894 (for short the 'Act').

(2.) The impugned Notification has been challenged on the plea that the State Government has invoked the urgency provisions and dispensed with the petitioners' right of filing objections under Section 5-A of the Act.

(3.) Mr. Neeraj Jain, Advocate, learned counsel for the petitioners has brought to the notice of the Court that earlier the petitioners had challenged the similar Notification by filing a Civil Writ Petition No. 2316 of 1979. A notice of motion to the State was issued and ultimately on 20-8-1979 on the statement made by the counsel for the State, the Notification under challenge in that writ petition was withdrawn. In view of the withdrawal of the Notification, the writ petition was not pressed and the same was accordingly dismissed.