Mathur, J. - (1.) IN both these writ petitions, acquisition of plots of the petitioners under the Land Acquisition Act, 1894, for purposes of providing house sites to landless agricultural labourers of the Scheduled Castes and Tribes is challenged. Identical questions arise in the two petitions and it is desirable to dispose them of by one judgment.
(2.) WRIT Petition No. 7586 has been filed by three petitioners who are the tenure-holders of plot or chak No. 910 in village Phulli, Pargana Zamania, district Ghazipur. A notification under Sections 4 (1) and 17 (4) of the Land Acquisition Act dated November 20, 1974, was published in the official Gazette. The notification mentioned the plot or chak No. 910 also. In the body of the notification, it was stated that the land was needed for a public purpose, namely, for Rural Housing Scheme. At the bottom of the notification, the purpose, for which the land was required was stated thus:- "Free allotment of house sites to landless agricultural labourers of Scheduled castes/ tribes, village artisans etc. in the aforesaid "village of District Ghazipur." A notification under Sections 6 and 17 (1) of the Act dated November 26, 1974, was then published in the official Gazette. The writ petition was filed on July 22, 1975. Writ petition No. 7658 has been filed by two petitioners who claim to be the Bhumidhars of plot No. 77 in village Mansurpur, Pargana and Tahsil Baghpat, District, Meerut. A notification under Sections 4 and 17 (4) of the Land Acquisition Act dated February 14, 1975, mentioning the plots of the petitioners, was published in the official Gazette. The purpose mentioned was exactly the same as in the notification in the other writ petition. A notification under Sections 6 and 17 (1) of the Act dated February 21, 1975, was then published in the official Gazette. These petitioners also filed the writ petition on July 22, 1975. At the time of the admission, it was directed that these two writ petitions be listed for hearing before a Division Bench at an early date. That is how these writ petitions have come up before us.
(3.) IN both the petitions, the acquisition has been challenged on the following grounds :- (1) That the acquisition is in contravention of the provisions of Section 122-C of the U. P. Zamindari Abolition and Land Reforms Act and of Rule 115-L of the U. P. Zamindari Abolition and Land Reforms Rules, 1952; (2) that the land of the petitioners was not needed for the purpose set act in the notifications as there was sufficient land available in the villages for house sites for members of the Scheduled Castes and Tribes; (3) that there was no urgency and the provisions of Section 17 of the Land Acquisition Act could not be legally invoked; and (4) that the land belonging to the petitioners was neither waste nor arable land and, consequently, the provisions of Section 17 of the Land Acquisition Act could not be applied to it. ;