SHAH - (1.)This matter was kept for vacating ad interim relief granted by this Court, but at the request of the learned Advocate of the parties, particularly at the request of the learned Advocate for the petitioner, it was finally heard as he submitted that by vacating ad interim relief the purpose of filing this petition would be frustrated. In paragraph 15 of the petition the petitioners have prayed as under :
"15(A) A writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction may kindly be issued for quashing and setting aside the notification dated 20/05/1989 at Annexure 'B' collectively and the notification dated 18-7-1989 at Annexure 'C'. (B) A writ of mandamus, or a writ in the nature of mandamus, or any other appropriate writ, order or direction may kindly be issued declaring the action of the second respondent to take possession of the lands in question belonging to the petitioners and the persons whose names are stated in Annexure 'A' without any competence and jurisdiction."

(2.)It is the contention of the petitioners that in the purported exercise of the power under Sec. 4 of the Land Acquisition Act the respondents issued Notifications dated 26/04/1989 which are annexed with the petition as Annexure 'B' to the petition collectively by which different lands belonging to the petitioners and other persons were sought to be acquired for " construction of Depot for storage and distribution of petroleum products of 1.0.C.". Thereafter the respondents issued notification under Sec. 6 dated 18/07/1989 which is produced at Annexure 'C' to the petition. The petitioners have challenged the aforesaid notifications on the following grounds :
"(1) The impugned notifications under Sees. 4 and 6 are illegal as they are issued without following mandatory procedure prescribed under Sec. 4 of the Act as Sec. 4 notification is not published in daily newspapers and the substance of such notification is not published at the site. (2) In notification issued under Sec. 6 (Annexure 'C') some lands for which no notification under Sec. 4 of the Act is issued are sought to be acquired. (3) The lands are not sought to be acquired for the public purpose but they are sought to be acquired for a Company without following the prescribed under Chapter VII of the Act."

(3.)At the time of hearing of this matter, as no affidavit-in-reply was filed on behalf of the respondent State Government, Mr. Mangukia, learned Assistant Government, Pleader, has produced for our perusal the entire record of the land acquisition proceedings.