on july 31 1956 the companylector took possession of the land and handed it over to the works along with the buildings standing on it.
on december 7 1956 a fresh numberification was issued under s. 6 of the act after the formalities provided under ss.
besides that the appellant has 9 acres of land which he had purchased many years ago with the idea of erecting a factory thereon.
it seems that thereafter steps were taken by the state government to companyply with the provisions of ss.
the appellant is the owner of certain lands in village nauraiya khera.
it is number necessary to give in detail the grounds on which the numberification of december 7 1956 was attacked.
therefore on september 14 1956 an enquiry was ordered by the government under s. 40.
the enquiry was accordingly made and the inquiry submitted his report on october 3 1956.
in the mean time the appellant had filed a writ petition in the high companyrt on july 31 1956 praying that the numberification of july 5 1956 be quashed and had also applied for interim stay.
38 to 42 of the act an agreement was entered into between the government and the works on august 5 1956 and was published in the gazette on august 11 1956 but this was done without making an inquiry either under s. 5a or s. 40 of the act.
38 to 42 of the act had number been companyplied with.
he therefore wrote to the companylector of kanpur in that companynection.
the appellant got information in may 1956 that steps were being taken to acquire his nine acres of land for an industrialist in kanpur.
this was followed on july 5 1956 by a numberification under s. 6 of the act which was in terms similar to the numberification under s. 4.
as however possession had already been taken on july 31 1956 the application for interim stay was infructuous.
out of those lands 15.5 acres were requisitioned by the defence department of the government of india and are still in their possession and we are number companycerned with that.
on june 25 1956 however a numberification was issued under s. 4 of the land acquisition act number 1 of 1894 hereinafter called the act stating that certain land which was specified as 11.664 acres in village nauraiya khera was required for a companypany for the companystruction of textile machinery parts factory by lakshmi ratan engineering works limited kanpur hereinafter called the works .
this was followed by a fresh agreement between the government and the works on december 6 1956.
wanchoo j. this is an appeal on a certificate granted by the allahabad high companyrt.
he then applied for a certificate to enable him to appeal to this companyrt which was granted and that is how the matter has companye up before us.
thereupon the appellant filed anumberher writ petition on january 29 1957 challenging the numberification of december 7 1956 on various grounds.
one of the main grounds in support of the writ petition of july 31 1956 appears to have been that ss.
38 to 42 had been companypleted.
