- (1.) HEARD Shri Zafeer Ahmad, learned Counsel for the petitioners. Learned Standing Counsel appears for the respondents.
(2.) THE petitioners have prayed for quashing notification dated 5.3.2010 issued under Sub -section (1) of Section read with Sub -section (1) of Section of the Land Acquisition Act, 1894 (in short, the Act) notifying plots No. 16, 17 and 18 of Village Dulhapur Santprasad District Jyotiba Phuley Nagar along with other plots for a total area 20.870 for the purposes of construction of district Jail. It is admitted to the parties that the notification under Sub -section (1) of Section read with Section of the Act has not been published, so far.
(3.) LEARNED Standing Counsel has raised a preliminary objection to the maintainability of the writ petition against the proposal to acquire the land by notification under Section / of the Act. It is stated that the notification under Section has not been published so far and that the petitioners have not alleged any grounds with regard to competence of the State Government to issue the notification, or vagueness in the substance of the publication. There are no allegations of malafides and that the purpose for acquisition of land for construction of jail is a public purpose for which the State can acquire the land exercising the powers of eminent domain. The notification under Section of the Act has not been published, and thus on the grounds taken in the writ petition, the petitioners have not acquired cause of action to file this writ petition.;