- (1.) This is an appeal by special leave from a judgment of of the Allahabad High Court. The facts may be shortly stated. By means of a notification dated April 19, 1949 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act) it was notified for general information that the land mentioned in the schedule was needed for a public purpose. In the schedule the area was given as 117 Bighas and 9 Biswas. The schedule also contained the following:- "For what purpose required: For the construction of residential quarters for the members of Aligarh Co-operative Housing Society Limited, Vishnupuri, Aligarh".
(2.) In November 1951 an agreement was entered into between the Governor of U.P. and the Co-operative Housing Society Ltd. Vishnupuri, Aligarh, in accordance with the provisions of Part VII of the Act. On November 30, 1951, a notification was issued under Section 6 of the Act in which it was stated that the Governor after considering the report made under S.5A (2) of the Act was pleased to declare under S.6 that he was satisfied that the land mentioned in the schedule was needed for a public purpose. Under S.7 the Collector was directed to take order for the acquisition of the land. In the schedule the same words appeared as appeared in the notification under S.4 viz. "For what purpose required: For the construction of residential quarters for the members of the Aligarh Co-operative Housing Society Ltd., Vishnupuri, Aligarh." On 22nd January 1962, an award was given with regard to an area covering 27 bighas odd.
(3.) It appears that 9 petitions were filed under Article 226 of the Constitution in the Allahabad High Court challenging the acquisition made. Some of these petitions were heard by Mathur J. who allowed them. The petition out of which this appeal has arisen was disposed of by Broome J. and he dismissed it. An appeal was filed before the Division Bench but the same was dismissed.;