Satish Chandra, J. - (1.) This appeal is directed against the judgment of our brother G.C. Mathur, J., allowing writ petitions and restraining the Appellants from taking any further steps to acquire the land or taking its possession.
(2.) A notification Under Sec. 4 of the Land Acquisition Act was published on April 19, 1949. It covered a large area of land including plots Nos. 2009 and 2010, having an area of 4 bighas and 4 biswas, which alone are now in dispute. The notification stated that the land was needed for a public purpose. The purpose for which the land was required was stated to be "For the construction of residential quarters for the members of Aligarh Co -operative Housing Society, Limited, Vishnupuri, Aligarh". On 6th November, 1951, the State Government entered into an agreement with the Aligarh Co -operative Housing Society Ltd., Vishnupuri, Aligarh. This agreement was published in the State Gazette of November 30, 1951. Under this agreement, the entire amount of compensation and other expenses in respect of the acquisition were to be paid by the Society. The notification Under Sec. 6 of the Act was also published on November 30, 1951. On 22nd January, 1964, the Land Acquisition Officer framed the award of compensation. Thereafter, the authorities issued notices Under Sec. 9 of the Act for taking possession. At this stage, the tenure -holders came to this Court by way of a writ petition.
(3.) Our brother, G.C. Mathur, J., held that the notification Under Sec. 6 was invalid because, though the acquisition was for a company, as defined by the Land Acquisition Act, the notification stated that the land was needed for a public purpose. Since the compensation was to be paid entirely by the company, the declaration was in violation of Sec. 6(1) of the Act.;