Mehrotra, J. - (1.) These two petitions raise common questions of law and facts and can be disposed of by a common judgment. On the 31st of May, 1943 the petitioner, Shri R L. Arora purchased 9 acres of agricultural land situate in village Naurayva Khera, District Kanpur lying along Kalpi Road from Mahadeo Prasad and others for Rs. 7000/-. The petitioner, thereafter, on the 31st July, 1952 obtained the surrender of the tenancy right from the tenants who were in occupation on the payment of Rs. 1,700/- and odd. On the 31st of May, 1943 the petitioner obtained a permanent lease of another plot of land, measuring 15 acres which was contiguous to the plot purchased by him and was uncultivated, on payment of Rs. 3892/-. According to the petitioner these plots of land were acquired for erecting a factory. The plot which was held on lease and was 15 1/2 acres in area was requisitioned by the Military Department on the 26th July, 1953 for a period of 10 years and an area of 1.59 acres out of the plot of 9 acres which was purchased by the petitioner was acquired by the Military Department on the 6th May, 1944 for a similar period of ten years. The remaining area was utilised by the petitioner in cultivating and raising food crops. The petitioner invested a large sum of money in constructing a masonry well, fitted with tube well, laid out water channels and constructed quarters for the engineers & labourers. He also put barbed wire fencing around the plot of land under cultivation. The area of 1.59 acres out of 9 acres purchased by the petitioner was released by the Military Department on the 1st October, 1955. The area of 15.5 acres leased out to the Military Department was still in the possession of the Department and the Department has expressed its inability to release the said area. The petitioner having come to know that the plot measuring 9 acres was being surveyed for some industrial purpose on the 18th May, 1956 and on the 1st of June, 1956 the petitioner informed the District Magistrate that he needed the plot for his own use. On 3lst June, 1956 a notification dated 25th June, 1956 was published in the U. P. Gazette under Section 4 of the Land Acquisition Act of 1894 giving out that an area of 11.664 acres out of the aforesaid plot of the petitioner was to be acquired for Laxmi Ratan Cotton Engineering Works Ltd. of Kanpur. In the notification it was further provided that the provisions of Section 5-A of the Land Acquisition Act shall not apply, as in the opinion of the government provisions of Section 17 (1) of the Land Acquisition Act applied to the land. On 7th July, 1956 another notification dated 5th July, 56 was published in the U. P. Gazette under Section 6 of the Land Acquisition Act in respect of the aforesaid land and it was further stated therein that the case being one of urgency the Governor was pleased under Sub-section (1) of Section 17 of the Land Acquisition Act to direct that the Collector of Kanpur though no award under Section 11 had been made, may at the expiration of the notice mentioned in Sub-section (1) of Section 9 take possession of any waste or arable land forming part of the land mentioned in the Schedule of the company. On the issue of this notice, the petitioner on 31st July, 1956 filed petition under Article 226 of the Constitution in this Court which is numbered as Writ Petition No. 1561 of 1956 challenging the validity of the notifications dated 25th June, 1956 and 5th July, 1956.
(2.) A stay order was passed by this Court which it is not necessary to refer to at this stage. The petitioner, however, asserts that on 31st July, 1956 possession was taken by the opposite parties 2 and 3 and delivered to the opposite party No. 4, Laxmi Ratan Cotton Engineering Works Ltd. On 11th August, 1956 an agreement required under Section 39 of the Land Acquisition Act between the opposite party No. 4 and the State of U. P. was published in the U. P. Gazette on 6th December, 1956. However, during the pendency of the earlier petition the opposite parties Nos. 1 and 4 entered into a fresh agreement for the acquisition of the said plot of land and thereafter a fresh notification dated 7th December, 1956 was published in accordance with the provisions of Section 6 of the Land Acquisition Act, 1894 in the Gazette dated 8th December, 1956. Thereafter a fresh notice under Section 9 of the Land Acquisition Act was pasted on the property in dispute intimating that possession over the said plot of land will again be taken after 2nd of January, 1957. On 3rd of January, 1957 the possession over the disputed plots is alleged to have been delivered by the State Officials to the opposite party No. 4. On these facts another Writ Petition No. 352 of 1957 was filed challenging the subsequent notification.
(3.) In fact, therefore, the relief claimed by the petitioner is to issue a writ of certiorari cancelling the Notifications dated 25th June, 1956, 5th July, 1956 and 7th December, 1956 and for a writ of mandamus directing the opposite parties not to acquire the land and plots thereon belonging to the petitioner.;