S.C. Verma, J. - (1.) By this petition under Article 226 of the Constitution the petitioners have challenged the acquisition of the disputed plots. The petitioner's claim to be the owners of 10 biswa of Plot No. 953/1 situate at Mouja Bhadohi, Gopiganj, district Varanasi. The petitioners purchased the disputed plots in the year 1974 and their names were mutated in the revenue records of Khatauni for the year 1983 F by orders dated 7-4-1976 and 15-4-1976 passed by the Tahsildar.
(2.) According to the petitioners they had no knowledge of the acquisition proceedings and it was only when they received notice under S. 12(2) of the Land Acquisition Act (hereinafter referred to as the Act) along with copy of the award dated 21st July 1979, that they acquired knowledge of these proceedings. The petitioners further stated that they were not served with notice under S. 9(3) of the Act and, as such, they could not participate in the proceedings under S. 11 of the Act. The disputed plots were the subject matter of acquisition under the notification dated 8th January, 1968 published in the official gazette dated 20th January 1968 issued under S. 4(1) of the Act for the public purpose of construction of a bus stand for U.P. Government Roadways. The notification under section 6(1) of the Act was issued on 12th June, 1969 which was published in the official gazette dated 21 June, 1969. Since the provisions of S. 17(1) of the Act were not made applicable the possession was not taken before the delivery of the award dated 21st July, 1979.
(3.) The aforesaid notifications have been challenged mainly on the ground that U.P. Government Roadways Department was wound up and the U.P. State Road Transport Corporation (hereinafter referred to as Corporation) was constituted with effect from 1st June, 1972 under S. 3 of the Road Transport Corporations Act, 1950, vide notification dated 31st May, 1972. As the funds for payment of Compensation to the land owners has emanated from the funds of the Corporation and the aforesaid Corporation being a company, as defined under S. 3(e) of the Act, the notification under S. 6(1) of the Act without complying the provisions of Part VII of the Act, is not in accordance with law.;