Agarwala, J. - (1.) This is an application praying that writ in the nature of certiorari may be issued to the opposite party to bring up the record of the proceedings in the Land Acquisition Case No. 174 dated the 31st August 1950 and to quash the order of the Government dated the 16th March 1950, Notification No. 122/XI-A-4M-49.
(2.) The petitioner is the owner of plots Nos. 11 and 10 Minjumla measuring 0.933 acres of a garden land in Mohalla Dewan Daya Ram, Gorakhpur city. The U. P. Government published Notification No. 4221/XI-4 M-49, dated 28-6-1949 under Section 4(1), Land Acquisition Act, to the effect that 0.225 acres out of the petitioner's aforesaid land was needed for public purpose, viz. for the construction of a public latrine. The petitioner by means of an application dated the 26-7-1949 filed an objection before the Collector to the acquisition of land upon various grounds which are not necessary to be detailed here. These objections were under Section 5-A, Land Acquisition Act, which entitles a person interested in any land which has been notified under Section 4(1), as being needed or likely to be needed for a public purpose to object to the acquisition of the land within 30 days after the issue of the notification. The section further provides that "The Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such further enquiry, if any, as he thinks necessary, submit the case for the decision of the Provincial Government, together with the record of the proceedings held by him a report containing his recommendation on the objections. The decision of the Provincial Government on the objections shall be final."
(3.) What the Collector did was that on receiving the objection he fixed a date for the inspection of the site of the land in question. He inspected the locality in the presence of the parties on 6-8-1949, but gave no opportunity to the petitioner of being heard in support of his objections. After making the inspection, he made a report to the State Government which made a notification under Section 6 of the Land Acquisition Act to the effect that the land in dispute was required for public purpose. Section 6 of the Act provides, "Subject to the provisions of Part VII of this Act (which deals with acquisition for companies), when the State Government is satisfied, after considering the report, if any, made under Section 5-A, Sub-section (2), that any particular land is needed for a public purpose, or for a company, a declaration Shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders. *** "(3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a company, as the case may be; and, after making such declaration, the Provincial Government may acquire the land in manner hereinafter appearing.";