M.Katju and R.S.Tripathi, JJ. - (1.) The petitioners are challenging the Notification dated 29.11.1990, issued under Section 4 read with Section 17 of the Land Acquisition Act a copy of which is Annexure-2 to the writ petition.
(2.) This petition is highly belated. Moreover, the notification itself shows that the land is being acquired for a public purpose, i.e., establishing a residential colony under the planned development scheme in Phaphamau, Pargana Soraon, district Allahabad. It is well-settled that this is for a public purpose and there is urgency in such matter vide W. P. No. 47391 of 2003, A.K. Goel v. State of U. P., decided on 27.2.2004.
(3.) Learned counsel for the petitioners submits that possession of the land in question cannot be taken without paying the compensation provided for under Section 17 (3A). This submission is correct. Section 17 (3A) states : "17 (3). Before taking possession of any land under Sub-section (1) or Sub-section (2), the Collector, shall, without prejudice to the provisions of Sub-section (3),- (a) tender payment of eighty per centum of the compensation for such land as estimated by him to the persons interested entitled thereto ; and (b) pay it to them, unless prevented by some one or more of the contingencies mentioned in Section 31, Sub-section (2). and where the Collector is so prevented, the provisions of Section 31, Sub-section (2), (except the second proviso thereto) shall apply as they, apply to the payment of compensation under that section.";