Enquiry under Section 5 A was dispensed with in exercise of the power under Section 17 4 of the Act and declaration under Section 6 was published on April 28, 1976.
Possession was taken on May 19, 1977.
In September 1978, the respondent filed writ petition in the High Court seeking to quash the numberification under Section 4 1 and the declaration under Section 6.
The learned single Judge referred the matter to the Division Bench.
This appeal by special leave arises from the Division Bench Judgment of the High Court of Rajasthan made on September 2, 1985 in W.P. No.602/78.
On these grounds, the learned Judges have quashed the numberification.
The numberification under Section 4 1 did number mention that it was a waste of arable land.
The award was passed under Section 18 was sought and made in March 1978 to Civil Court for enhancement of the companypensation.
Substance of the numberification under Section 4 1 was number published in the locality.
Thus, this appeal by special leave.
The admitted facts are that the numberification under Section 4 1 of the Land Acquisition Act, 1894 1 of 1894 for short, the Act was published in the State Gazette on March 23, 1977 acquiring 31.28 acres of land for defence purpose.
