RAJESHWARI PRASAD,J. - (1.) JUDGEMENT As a result of the direction given by Division Bench, this special appeal has been referred for decision to a Full Bench.
(2.) THE material facts leading up to the special appeal are these. A notification dated February 11, 1963, was published in the U. P. Gazette dated February 16, 1963 under Section 4(1) of the Land Acquisition Act, notifying that the land mentioned in the schedule was needed for a public purpose. A number of plots were mentioned in the schedule which are situate in village Gursarai, Pergana Garoth, district Jhansi. Some of these plots belonged to the respondent Shri Surey and the other respondents. The purpose for which acquisition was made as disclosed in the notification was for establishing Irrigation Demonstration-cum-Research Farm. This was followed up by another notification dated February 25, 1963, under Sec. 17 (4) of the Land Acquisition Act (hereinafter called the Act). The last notification runs as hereunder:- "In continuation of notification No. H6100/XXII-B dated February 11, 1963, the Governor of Uttar Pradesh, being of opinion that the provisions of sub-sections (1) and (1-A) of Section 17 of the Land Acquisition Act, 1894 (No. 1 of 1894), are applicable to the land, is pleased, under sub-section (4) of the said section, to direct that the provisions of Section 5-A of the said Act shall not apply in the case of the land mentioned in the Schedule." Thereafter, notification under Section 6 together with a notification under Section 17 (1) and (1-A) was issued on April 10, 1963. This notification gave direction to the Collector, Jhansi, to take possession of land though no award under Section 11 had been made.
(3.) THE respondents filed a petition under Article 226 of the Constitution challenging the notification made under Section 17 (4) and the notification made under Section 6 read with Section 17 (1) and (1-A) of the Act.;