- (1.) THIS petition under article 226 of the Constitution relates to what is known as the Farakka Barrage Project, and the petitioners have obtained a Rule nisi against the notification under section 4 (Ann, A to the petition) and declaration under section 6 (Ann. B) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act')
(2.) THE material contents of the notification under section 4, dated 23. 3. 65 are: - " And whereas it appears to the Governor that land is likely to be needed for a public purpose, namely, for the Farakka Barrange Project, it is hereby notified that a piece of land comprising cadastral survey plots as described below and measuring more or less, 137. 315 acres, is likely to be needed for the aforesaid pubic purpose at public expense. "
(3.) THE lands in question are included in two schedules : Schedule A, includes 'waste or arable lands and schedule B, includes 'other than waste or arable lands', and both Schedules specify some plots in full and some plots 'in part, without specifying the quantum or description of the portion of such plots which is sought to be acquired. Then follows a direction under section 17 (4) of the Act in respect of the lands in Schedule A as follows:- "in exercise of the powers conferred by sub-section (4) of section 17 of the Land Acquisition Act, 1894, read with the said notification, the Governor is pleased to direct that the provisions of section 5a of the said Act shall not apply to the waste or arable lands described in Schedule A above to which, in the opinion of the Governor the provisions of sub-section (1) of section 17 are applicable. ";