- (1.) This judgment will dispose of Letters Patent Appeal No. 889 of 1985 and Civil Writ Petition No. 3916 of 1985.
(2.) Writ-petitioners (now appellants in Letters Patent Appeal No. 889 of 1985) had filed a writ petition in this Court, challenging notifications dated 20th August, 1980 and 13th July, 1982, issued under Sections 4 and 6 respectively of the Land Acquisition Act, 1984 (hereinafter called the Act), issued by the State Government for the acquisition of 823.17 Acres of land including that of the writ-petitioners. The acquisition was challenged mainly on three grounds :- (i) The real purpose behind the issuance of these notifications is to peg down the prices of the petitioners' land as actually the State Authorities have no need to acquire this land and thus the issuance of these notifications is the result of colourable exercise of power. (ii) There has been no compliance of the provisions of Section 4 of the Act inasmuch as the substance of the first notification was not published in locality concerned. (iii) The action of the authorities in not acquiring the land of respondents 3 to 5 which falls some-where in the centre of the acquired land, is discriminatory and thus these notifications deserve to be quashed." The learned single Judge negatived all the three points raised above and dismissed the writ petition. Aggrieved by the judgment of the learned Single Judge, the present Letters Patent Appeal has been filed by the appellants.
(3.) In Civil Writ Petition No. 3916 of 1985, which had been filed separately, the same notifications under Sections 4 and 6, respectively, referred to above had been challenged and the said writ petition was ordered to be heard with Letters Patent Appeal No. 889 of 1985, by the admitting Bench. That is how both these cases are being disposed of by this judgment.;