- (1.) Heard Sri Dharam Pal Singh, Senior Advocate assisted by Sri Anshul Chaudhari, learned counsel for petitioners, learned Standing Counsel for respondents and perused the record.
(2.) Petitioners have filed this writ petition under Article 226 of Constitution of India assailing notifications dated 31 st July 1982 published in U.P. Gazette dated 2nd October 1982 issued under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') proposing to acquire certain land at Etawah for the purpose of construction of a building of Government Polytechnic Institute, Etawah. He has also challenged notification dated 6 th August 1982 published in U.P. Gazette dated 2nd October 1982 issued under Section 6 read with Section 17 of Act, 1894.
(3.) The ground of challenge is that dispensation of enquiry under Section 5A is illegal and arbitrary. There was no urgency and since possession of land belong to petitioners has not been taken by respondents, hence acquisition notifications are illegal.;