- (1.) This writ petition has been filed for quashing the notification dated 27.07.2007 under the provisions of Section 4 of the Land Acquisition Act, 1894 (hereinafter called the Act 1894 ) published on 30.08.2007 and further to declare the land acquisition proceedings as ultra vires.
(2.) The facts and circumstances giving rise to this case are that a huge area of land, including the land of the present petitioners who are 51 in umber, has been notified under Section 4 of the Act 1894 which has been challenged by filing this writ petition. Large number of grounds have been taken particularly that if the land is acquired, the petitioners would be deprived of their livelihood as there is no other means for their survival except the land in question and, therefore, the said notification is liable to be quashed.
(3.) Learned Standing Counsel appearing for the respondents has raised a preliminary objection regarding maintainability of the writ petition contending that the writ petition is premature as no declaration under Section 6 of the Act 1894 has been pleaded nor has been brought on record.;