- (1.) Heard learned Counsel for the petitioner and learned standing counsel appearing for respondent nos 1 and 2 and Sri Ramendra Pratap Singh appearing on behalf of respondent No. 3.
(2.) By this writ petition, the petitioner has prayed for quashing the notification dated 10.6.2009 under Sub-section 1 of Section 4 of Land Acquisition Act. By the said notification the State Government has formed an opinion that the provisions of Sub-section 1 of Section 17 of the Land Acquisition Act are applicable to the land and has invoked Sub-section 4 of Section 17 of Land Acquisition Act dispossessing Section 5A of the Act.
(3.) Shri Ramendra Pratap Singh appearing for Greater Noida Development Authority and the Standing Counsel appearing for the State Government have raised preliminary objections to the maintainability of the writ petition. It is stated that the writ petition under Article 226 of the Constitution of India challenging the notification under Section 4(1) read with Section 17(4) notifying intention of the State Government to acquire the land is not ordinarily maintainable unless the petitioners demonstrate incurable irregularity or vagueness in regard to property acquired and demonstrate to the Court that there is no public purpose whatsoever in acquiring the land.;