Sudhir Narain, J. - (1.) The petitioner's seek writ of certiorari for quashing the notification dated 20.2.1984 issued under Section 4 of Land Acquisition Act (hereinafter referred to as the 'Act') and the notification dated 18.12.1991 as published in the newspaper on 11.1.1992 under Section 4 of the Act and declaration under Section 6 of the Act acquiring the land of the petitioners.
(2.) The petitioners claim that they are owners of certain plots which are subject matter of the acquisition proceedings. A notification dated 9th February, 1984 was published in the newspaper for acquiring certain plots including the plots of the petitioners for the establishment and construction of market yard for Krishi Utpadan Mandi Samiti, Mahoba. The notification provided that the interested panics may file objections under Section 5-A of the Act. A representation was sent to the State Government that the land mentioned in the notification may not be acquired. The District Magistrate wrote a letter to he Prabhari Adhikari, Mandi Samiti, slating that the opinion of one Babu Lal M.L. A. has teen sought but he has yet not received his opinion. The petitioners have annexured the letter of Krishi Utpadan Mandi Samiti addressed to Member Legislative Assembly of Mahoba constituency who made endorsement on 11.12.1990 stating that un-irrigated land may be selected for the purpose of acquisition. Again a notification dated 18lh November, 1991 under Section 4 of the Act was published in the U.P. Gazette dispensing with the requirement of filing objection under Section 5-A of the Act. The said notification was also published in the newspaper 'Dainik Radical Times' on 11.1.1992. The petitioners filed this writ petition challenging the aforesaid notification published under Section 4 of the Act. During the pendency of the writ petition the State Government published declaration dated 16th January', 1993 in the Gazette dated 16th January, 1993 under Section 6 of the Act. The said declaration was also published in newspaper Dainik Radical Times on 18th January, 1993. The petitioners have amended the writ petition and have challenged the said declaration as well. The notification dated 18lh November, 1991 indicates that the land has been acquired for establishment and construction of market yard.
(3.) Learned counsel for the petitioners submitted that notification dated 18th November, 1991 was published in the U.P. Gazette on 18th December, 1991 and the declaration under Section 6 of the Act was published on 16th January, 1993 after more than a year and this delay indicates that there was no urgency for acquisition of the land. An interested person is required to file objection within one month from the date of publication of notification under Section 5-A of the Act and the objection could have been considered within a reasonable time. The fact the Government took decision to publish declaration under Section 6 of the Act after a period of one year indicates that there was no urgency.;