J.N.Dubey, J. - (1.) By means of this petition the petitioners challenge the validity of the notifications dated 29th and 30th June, 1977 of the State Government issued under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act) with respect to plot Nos. 11, 15 and 17 of village Maholi, district Mathura. The claim of the petitioners is that they purchased plot Nos. 11, 15 and 17 long ago for constructing their Ashram and guest house for their visiting disciples. They constructed a guest house consisting of four spacious rooms on plot No. 11 and a big Ashram consisting of more than 20 rooms and 25 huts on plot No. 15. They also installed two tube-wells, one on plot No. 11 and the other on plot No. 15 with a room connected with each of them. They further constructed a big over-head water tank on plot No. 17 and two storerooms and have made all other necessary arrangements for the supply of drinking water to the Ashram and Guest House etc. The construction work which started in 1969 was completed in the year 1974.
(2.) On 8-6-1973 the State Government issued a notification under Section 4 of the Act for acquisition of land for establishment of a planned industrial area in the district of Mathura. By this notification plot nos. 17, 21, 23, 24 and 30 of village Maholi and plot Nos. 56, 57 and 58 of village Pannapur belonging to the petitioners No. 1 and 2 were proposed to be acquired. The petitioners filed objection under Section 5-(A) of the Act which was partly allowed and plot No. 17 was excluded from the notification issued by the State Government under Section 6 of the Act on 2-7-1974. Regarding remaining plots they filed Civil Misc. Writ Petition No. 7575 of 1974 (Jai Guru Deo Dharam Pracharak Sansthan and another v. State of U.P. and others.) in this Court which was allowed on 16-9-1975 and the notifications issued under Sections 4 and 6 of the Act were quashed on the ground that the substance of the notifications was not published in the locality within 21 days. Subsequently the State Government issued a notification under Section 4 of the Act with respect to plot Nos. 17 21, 23, 24 and 30 of village Maholi and plot Nos. 56, 57 and 58 of village Pannapur on 17-4-1976. This notification was followed by another notification dated 19-4-1976 under Section 6 of the Act by invoking the powers under Section 17 of the Act. The petitioner Nos. 1, 2 and a disciple of petitioner No. 1 filed Civil Misc. Writ Petition No. 2127 of 1976 (Jai Guru Deo Dharam Pracharak Sangh and others v. The State of U.P. and others) in this Court which was admitted on 15-5-1976.
(3.) On 29-6-1977 the State Government issued notification No. 5357 Bha U-XVIII-1 l-338-Bha-76 under Section 4 of the Act proposing to acquire plot Nos. 11, 15 and 17 of the petitioners for planned Industrial Development in the district of Mathura. This notification was followed by notification No. 5357(2)/Bha, U/XVIII-1 l-338-Bha-76 dated 30-6-1 the invoking the powers under Section 17 of the Act.;