TULIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ram Kishun Mishra, holding brief of Sri A. Kumar, learned counsel appearing for the petitioners and Sri A. N. Shukla, learned standing Counsel representing the respondent Nos. 1 and 2. Nobody has appeared for the respondent No. 3.

(2.) Notifications dated 19th November. 1981 and 30th November, 1981, under Sections 4 and 6 respectively, of the Land Acquisition Act, 1894 (hereinafter called the 'Act') are under challenge in these two writ petitions under Article 226 of the Constitution of India.

(3.) It appears that for the public of Varanasi, the Varanasi Development Authority. Varanasi, the respondent No. 3, has framed Habibpura Planned and Developed Housing Scheme in the locality--Habibpura within the limits of Varanasi Nagar Nigam and for this purpose, the land is being acquired through impugned notifications. The provisions of Section 17 of the Act have also been invoked for dispensing with the requirement of an opportunity to interested persons to file objection under Section 5A of the Act.