Jagdish Sahai, J. - (1.) These are three connected writ petitions and arise out of land acquisition proceedings going on in village Gohand, pargana Rath, in the district of Hamirpur. The substantial prayer of the petitioners is for the quashing of the U. P. Government notification No. A-1632/XIIA-663/60 dated March 17, 1960, and for a writ of mandamus commanding the respondents not to enforce the aforesaid notification. The said notification is under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act). It is not necessary at this stage to mention the allegations made in the petition, the affidavit filed in support of it, the counter affidavit and the rejoinder affidavit. I shall deal with the relevant allegations in these documents while considering the various submissions made by the learned counsel for the parties.
(2.) Mr. Sapru has made the following submissions: (1) The notifications under Sections 4 and 6 of the Act issued in this case are invalid because the numbers of the plots have not been mentioned therein. (2) The present proceedings suffer from the defect that notifications under Sections 4 and 17 of the Act were published simultaneously. (3) Section 17 of the Act is ultra vires inasmuch as it gives unguided discretion to the Collector to dispense with the provisions of Section 5A of the Act and thus infringes Article 14 of the Constitution of India.
(3.) I will consider the submissions seriatim: The notification under Section 4 of the Act which is dated 17th of March, 1960 (Annexure II) reads as fellows: "Under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (1 of 1894) the Governor is pleased to notify tor general information that the land mentioned in the Schedule is needed for a public purpose. (2) The Governor, being of opinion that the provisions of Sub-section (1) of Section 17 of the said Act arc applicable to the land, is further pleased under Sub-section (4) of the said section to direct that the provisions of Sees. 5A of the Act shall not apply. Schedule District Pergana Village Approximatearea in acres. Hamirpur Rath Gohand 31.50 acres. For what purpose required: For the opening of Government Seed Multiplication Farm." The notification under Section 6 of the Act dated 23rd of March 1960, reads as follows: "With reference to this department notification. No. 1629/XII-A. 660-60, dated March 17, 1960 issued under Sub-section (1) of Section 4 of the Land Acquisition Act, 1894 (I of 1894) the Governor is pleased to declare under Section 6 of the Act that he is satisfied that the land mentioned in the schedule is needed for public purpose and, under Section 7 of the Act to direct the Collector of Hamirpur, to take order for the acquisition of the said land. 2. The case being one of urgency, The Governor is further pleased under Sub-section (1) of section 17 of the Act, to direct the Collector of Hamirpur though no award under Section 11 has been made, may on the expiration of the notice mentioned in Sub-section (1) of Section 9, take possession of the land, being waste or arable land mentioned in the schedule for public purposes. SCHEDULE Approximate area in For what purpose requiredDistric Pargan Villa acrest a ge 1 2 3 4 5 Rath 31.05 For the opening of Hamir Goh Government Seed purandMultiplication Farm.";