- (1.) By means of this petition filed under Article 226 of the Constitution of India, the petitioners have challenged the notification dated 14-02-2005 issued under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') read with Section 17(1) and Section 17(4) published in newspaper on 19-03-2005 as well as notification dated 16-03-2006 issued under Section 6 of the Act for acquisition of plots no. 416, 427, 428, 457, 458 & 461 having an area of 0.911 hectare for construction of 80 ft. wide road.
(2.) We have heard learned counsel for the petitioner, Sri Pradeep Kumar Tripathi, learned counsel for respondent no. 1 and learned Standing Counsel for respondents no. 2 to 4.
(3.) Factual matrix of the case giving rise to the dispute are as under : A notification under Section 4 of the Act was issued for alleged public purpose i.e. planned development by construction of 80 ft. road, in the official gazette of the State of Uttar Pradesh dated 14-02-2005 read with Section 17(1) and 17(4) of the Act invoking the urgency clause and dispensing the filing of objection under Section 5A of the Act. The substance of the said notification was published in Hindi newspaper 'Dainik Aaj' on 19-03-2005. Declaration under Section 6 was published in the official gazette on 16-03-2006. The substance of the said notification was published in local Hindi newspaper 'Dainik Jagran' on 22-03-2006.;