- (1.) B. S. Chauhan, J. This writ petition has been filed for quashing the notification under Section 4 (1) read with Section 17 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'act') issued on 20-6-2007 in respect of Khasra No. 744 situate in village Badalapur, Tehsil Dadri, District Gautam Budh Nagar.
(2.) LARGE number of grievances have been raised by the petitioners and allegations of mala fide have also been levelled against the respondents. However, Shri Pradeep Kumar, learned Counsel appearing for the respondents has raised a preliminary objection regarding maintainability of the writ petition contending that as declaration under Section 6 of the Act in respect of the land in dispute has not been issued, the writ petition is premature and should not be entertained for the reason that in case Section 6 declaration is not made, entertaining this petition would be a futile exercise. Shri S. K. Mishra, learned Counsel for the petitioners has vehemently submitted that the land of the petitioners has been included in the notification under Section 4 (1) read with Section 17 (1) of the Act for malicious reason, as after acquiring the land, it would be transferred to private institutions and, therefore, the petition is maintainable even at this stage and this Court must entertain the petition on merit. We have considered the rival submissions made by learned Counsel for the parties and perused the record.
(3.) THE notification under Section 4 (1) of the Act is a condition precedent to exercise any further powers under the Act. THErefore, a notification under Section 4 (1) of the Act is a sine qua non for initiating the acquisition proceedings. In the absence of such a notification, the machinery provided by the Act for further action obviously cannot be proceeded. (Vide Babu Barkya Thakur v. State of Bombay & Ors. , AIR 1960 SC 1203; Khub Chand v. State of Rajasthan, AIR 1967 SC 1074; Narendrajit Singh & Anr. v. State of U. P. & Ors. , AIR 1971 SC 306; State of Mysore v. Abdul Razak Sahib, AIR 1973 SC 2361 and Aflatoon & Ors. v. Lt. Governor of Delhi & Ors. , AIR 1974 SC 2077 ). The declaration under Section 6 of the Act is conclusive proof for acquisition of land as it envisages that the Authority has decided to acquire the land.;