B. M. Lal, J. - (1.) SINCE an identical question is involved for consideration la both the petitions mentioned above, they are being disposed of by this common judgment.
(2.) THE short point which requires consideration in both the petitions is that whether alongwith the land dwelling house could also be acquired without providing alternative accommodation to the occupants of the house ? These petitions are directed against a notification dated 8-7-1975 (Annexure-2) and notice dated 14-11-1985 (Annexure-3) respectively, whereby petitioners' land (Plot no. 251/3 area. 24 acres and Plot no 246/1 area. 47 acres) is being acquired for making it available to Varanasi Development Authority for extension of Pahirya Housing and Development Scheme. The acquisition proceedings have been initiated in accordance with the provisions of Land Acquisition Act, 1894 (here-in-after referred to as the Act), and after completing preliminaries the notification referred to above contemplated under section 4 of the Act was issued. This acquisition is in the form section 6 of the Act as the authorities are satisfied that the total land mentioned in the schedule is needed for public purposes referred to above.
(3.) FURTHER having found that it is a matter of urgency the authorities have also invoked the provisions of section 17 of the Act, directing the Collector. Varanasi that notwithstanding any award made under section 11 of the Act. authority may after fifteen days from the publication of notice issued under sub-section (I) of section 9 of the Act take possession of the land mentioned in the schedule which includes plot no. 251/3 area. 24 acres and plot no. 246/1 area, 47 acres. This acquisition has been challenged by the petitioners inter-alia on the ground that they are owners and possession of plot no. 251/3 and 246/1 situated in village Pahirya, Pergana Shivpur district Varanasi. They have constructed their dwelling house which is still standing over the land in dispute and they are dwelling therein along with their family members It Is also submitted that the petitioners have no other suitable alternative accommodation in Varanasi city.;