MAHESH GROVER, J. - (1.)This is a petition under Art. 226 of the Constitution of India seeking quashing of the notification issued by the State under Sections 4 and 17 of the Land Acquisition Act, 1894 (hereinafter known as the "Act of 1894"). Although other prayers for declaring Sec. 17 (3-A)(a) of the Act of 1894 ultra vires the provisions of the Constitution of India, in particular Art. 31-A has also been made, but arguments have been addressed only on the first aspect of the matter, limited to the quashing of the notification issued under Sec. 17 (3-A)(a) of the Act of 1894.
(2.)With an intent to lay down sewerage channel, a notification under Sec. 4 followed by Sections 6 and 17 of the Act were issued on 2.12.2003, 3.12.2003. The award was announced on 26.12.2005 and in the case of the petitioners, it pertains to an area of 7.15 acres.
(3.)However, another notification came to be issued seeking to acquire 57.41 acres, again for the same purpose, which was challenged by way of CWP No. 5466 of 2005, in which the State took up a stand to release 43.482 acres of land, in view of which the said writ petition was withdrawn. The challenge is now limited to the acquisition of 7.15 acres, which was the original acquisition, initiated to lay down sewerage pipes from the land of the petitioners.