Somnath Iyer, J. - (1.) Resurvey number 456/IB within the Municipality of Gadag-Betageri is a land belonging to the petitioner. Since that land was one of the lands adjacent to the premises of the Agricultural Produce Market Committee of Gadag-Betageri established under the provisions of the Bombay Agricultural Produce Market Committees' Act and since, according to that Committee it was necessary to extend the premises of the Committee for its activities, it made an application to the concerned "authorities on January 22, 1960, for the acquisition of the petitioner's land along with the lands of others. This application was followed up by a further application made by the Committee on February 11, 1960 for a direction under Section 17(4) of the Land Acquisition Act.
(2.) On December 13, 1960, a composite notification was issued by the Government under the provisions of Section 4 and Section 17(4) of the Land Acquisition Act. Under the former part of this notification it was announced that the petitioner's land along with the others would be acquired for a public purpose, namely, for the use of the Committee and by the other part of this notification a direction was issued that the provisions of Section 5A shall not apply to the acquisition, since the acquisition was urgently necessary.
(3.) On April 10, 1961, a notification under Section 6 incorporating a declaration that the land was needed for a public purpose was made. On July 31, 1961, this writ petition was presented to this Court in which the petitioner complains that the acquisition proceedings are not in accordance with law and the main challenge made to the acquisition is that the direction made under Section 17(4) dispensing with adherence to the provisions of Section 5A was not within the competence of the Government.;