G.P.MATHUR, J. - (1.) This writ petition has been filed for quashing the notifications dated 9-5-1990 issued by the State of U.P. u/S. 4(1) and S. 6 of the Land Acquisition Act and for a writ of mandamus restraining the respondents 1 to 3 from dispossessing the petitioners from plots Nos. 12, 13, 15 and 24 situate in village Jalilpur Parao, Pargana Ralhupur, district Varanasi, in pursuance of the aforesaid notifications. The petitioners have impleaded the State of U.P., the Land Acquisition Officer, Varanasi, and Uttar Pradesh Ganna Kisan Sansthan (hereinafter referred to as Ganna Sansthan) as respondents 1 to 3 respectively to the writ petition.
(2.) A notification u/sub-sec. (1) of S.4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U.P. Gazette on 28/04/1990. This was followed by a notification u/S. 6 of the Act which was published on 18/05/1990. Since the language of the notifications will be material for the decision of the controversy involved in this case, it will be appropriate to reproduce the same. The notification u/S.4(1) of the Act, omitting the schedule annexed thereto, reads as follows :- "Under sub-sec. (1) of S.4 of the Land Acquisition Act, 1894 (Act No. 1 of 1894), the Governor is pleased to notify for general information that the land mentioned in the Schedule below, is needed for a public purpose, namely, for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi. The Governor being of the opinion that the provisions of sub-sec. (1) of S. 17 of the said Act are applicable to the said land inasmuch as the said land is urgently required for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi and that in view of the pressing urgency it is as well necessary to eliminate the delay likely to be caused by enquiry u/S. 5-A of the said Act the Governor is further pleased under sub-sec. (4) of the said S. 17 to direct that the provisions of S. 5-A of the said Act shall not apply." The subsequent notification u/ S. 6 of the Act reads as follows :- "In continuation of Government notification No. 177 MCM/ XLVI-1000 (66)-76 dated 28/04/1990 issued under sub-sec. (1) of S. 4 and sub-sec. (4) of S. 17 of the Land Acquisition Act, 1894 (Act No. 1 of 1894) and lastly published in the newspaper "Dainik Ajj" dated 9/05/1990, the Governor is pleased to declare u/S. 6 of the said Act that the land mentioned in the schedule below is needed for a public purpose, namely for the construction of building for training centre of Uttar Pradesh Ganna Kisan Sansthan in district Varanasi and u/S. 7 of the said Act to direct the Collector of Varanasi to take order for the acquisition of the land. 2. The Governor being satisfied that the case is one of urgency is further pleased under sub-sec. (1) of S. 17 of the said Act, to direct that the Collector of Varanasi, though no award u/S. 11 has been made, may on the expiry of fifteen days from the publication of the notice mentioned in sub-sec. (1) of S.9, take possession of the land mentioned in the Schedule for the said public purpose." A perusal of the notification u/S. 4(1) of the Act shows that the land mentioned in the schedule was needed for a public purpose, namely, for construction of buildings for training centre of Uttar Pradesh Ganna Kisan Sansthan in the district of Varanasi. The notification further shows that the State Government was of the opinion that the provisions of sub-sec. (1) of S. 17 of the Act were applicable to the land inasmuch as the said land was urgently required for the construction of the buildings for the aforesaid training centre and in view of the pressing urgency it was necessary to eliminate the delay likely to be caused by an inquiry under S. 5-A of the Act. The State Government further made a direction under sub-sec. (4) of S. 17 to the effect that the provisions of S. 5-A of the Act shall not apply. A perusal of the notification u/S. 6 shows that the State Government was satisfied that the case was one of urgency and it further made a direction under sub-sec. (1) of S. 17 of the Act to the effect that the Collector may, on the expiry of 15 days from the publication of the notification under sub-sec. (1) of S. 9, take possession of the land mentioned in the schedule. The petitioners have filed the present petition challenging the aforesaid notifications issued u/S. 4(1) and u/S. 6 of the Act. The principal ground taken in the writ petition is that there was absolutely no material before the State Government to show that it was a case of extreme urgency wherein the provisions of S. 17(1) of the Act may be applied; that the construction of a building for setting up a training institute was not such a purpose which could be described as extremely urgent wherein the State Government could not wait for an inquiry as contemplated u/S. 5-A of the Act and the direction issued by the State Government dispensing with the inquiry u/S. 5-A of the Act was wholly illegal. There is neither any sugar mill nor any sugar cane is produced in the neighbouring area which was essentially a rice producing area and, therefore, no useful purpose would be served by setting up a training centre in village Jalipur in district Varanasi. Such a training institute could be established where sugar-cane is produced. The other ground taken in the writ petition is that the petitioners have a number of residential buildings over the plots in question and the area under acquisition is a business and industrial area where the petitioners have their godowns. There are a number of transporters carrying on business over the plots in dispute. In case an inquiry as contemplated by S. 5-A of the Act was held the petitioners would have demonstrated that there was absolutely no need of setting up a training centre pertaining to cane in that area and that there was "banjar" surplus land in the vicinity and on Varanasi Ram Nagar and Varanasi Mugalsarai Road. The notification issued by the State Government applying S. 17(4) of the Act was, therefore, illegal.
(3.) . Two counter-affidavits have been filed on behalf of respondents 1 and 2 (State of U.P. and the Special Land Acquisition Officer, Varanasi). Shri Raj Kumar, Joint Secretary, Department of Sugar Industry and Cane Development, Government of U.P., has filed a counter-affidavit stating that there are several co-operative sugar mills in the district of Varanasi and in the neighbouring districts like Azamgarh, Ghazipur, Jaunpur, Ballia, Sultanpur and Rai Bareli and names of eight such sugar mills are also mentioned in para 2; that these mills are situate in the backward areas of Uttar Pradesh; that sugar cane is an important industry in eastern U.P.; that for the cane development programme, which is of a great importance, it is necessary that the land be acquired for construction of buildings for the training centre to be run by U.P. Ganna Kisan Sansthan in order to train the cane growers and farmers to produce good quality cane free from disease; that it is proposed to build a hostel for the trainees and framers etc. and the idea to set up the training centre is for the reason that the cane growers and farmers should come in direct contact with scientists so that high yield disease free cane is available from small areas; that imparting of scientific knowledge through modern method for growing cane is of immense advantage and benefit to the cane growers and farmers. It was further stated that any delay in construction of buildings including hostels for trainees is detrimental to the cane growers and farmers; that imparting of training etc. to the cane growers and farmers for producing good quality cane is of paramount necessity and urgency and upon the production of good quality cane depends on the efficient functioning of the sugar mills. Therefore, the construction of training centre was a matter of urgency which could not be delayed and as such the inquiry u/S. 5-A of the Act was dispensed with.;