Devi Prasad Singh, J. - (1.) PETITIONERS have preferred the present writ petition under Article 226 of the Constitution of India challenging the Government notification dated 22nd September, 1992 filed as Annexure No. 1 to the writ petition issued under section 4(1) of the Land Acquisition Act, 1894. Heard Shri S.K. Mehrotra, learned Counsel for the petitioner and Shri K.C. Misra, learned Counsel for the opposite party No. 3 and the Standing Counsel.
(2.) THE petitioners are owner of plot Nos. 870, 877, 883 and 884 in village Gaddopur. Plot No. 870 is recorded in the revenue records in the names of Uma Shanker Singh, (Petitioner No. 5), Sri Ram Singh (Petitioner No. 1) and Hanuman Singh (Petitioner No. 6). Plot No. 877 is recorded in the names of Uma Shanker Singh, Sri Ram Singh, Hanuman Singh above -named and Srimati Hem Lata (Petitioner No. 7), Srimati Kiran Dwivedi (Petitioner No. 10) and Srimati Rajpati Devi (Petitioner No. 7). Ramoo (Petitioner No. 4) and Smt. Gita Devi (Petitioner No. 8), having purchased some area in the above plot, though not mutated in the revenue records are also co -tenure holders of plot No. 877. Plot No. 883 is owned by and entered into the name of Jagdamba Singh (Petitioner No. 2) and plot No. 884 belongs to Ram Shanker Singh (Petitioner No. 3), who are recorded in the revenue records relating to the same. It has further been prayed by the petitioners that in the aforesaid plots their houses and other residential infra -structure are existing. The related averment has been pleaded in paras 4, 5 and 6 of the writ petition.
(3.) THE sole ground of the petitioner while challenging the impugned notification is that the impugned notification was published on 22nd September, 1992. Clause 2 of the first proviso to [section 6(1)] of the Land Acquisition Act provides that no declaration in respect of any particular land covered by the notification issued under section 4(1) of the Act shall be published after expiry of one year. It has been submitted by the petitioners' Counsel that the declaration under section 6 of the Act has not been made within stipulated period of one year, rather, till date no such declaration has been made. Accordingly, in the absence of such declaration no proceeding of the land in question can be initiated or continued. Sub -section 3 of section 9 of the Act provides that the Collector shall serve a notice on the occupier of the land and all such persons who are interested to land covered by the notification. According to the petitioners no such notice has been served on the petitioners showing Government intention for acquiring of the possession of the land in question.;