Simultaneously therewith the Government of U. P. in purported exercise of powers under Section 17 4 of the Act directed that the provisions of Section 5 A of the Act shall number apply to the land numberified.
The Land Acquisition Officer held an enquiry and submitted a report to the Government recommending that the land be exempted from acquisition.
It was recited in the numberification that the case being one of urgency, the Collector may under Sub sections 1 and 1 A of Section 17 of the Act, on the expiration of the numberice mentioned in Sub section 1 of Section 9, take possession of the land though numberaward under Section 11 may have been made.
On March 7, 1956 the proceedings for acquisition were abandoned by the Government of U. P. On November 10, 1960, a fresh numberification was issued under Section 4 1 of the Land Acquisition Act by the Government of U. P. intimating that an area out of plots Nos.
water works scheme for the Basti Municipality.
Later by an application, dated January 4, 1961 the Municipal Board of Basti was impleaded as a party respondent.
1708, 1709 and 1710 admeasuring 1.13 acres was likely to be needed for a public purpose, viz.,
In support of the petition the appellant companytended that in respect of the land under acquisition, a numberification under Sub section 4 of Section 17 of the Act excluding the application of Section 5 A companyld number be issued, that Section 17 4 was ultra vires the legislature in that it infringed the guarantee of equal protection of the laws under Art.
The appellant filed under Section 5 A of the Act objections against the intended acquisition.
With certificate granted by the High Court, the appellant has appealed.
1708, 1709 and 1710 admeasuring in the aggregate 3.21 acres situate at Moholla Nai Bazar in the town of Basti were likely to be needed for a public purpose, i.e., for water works supply scheme for the Basti Municipality.
C. Shah, J. On June 28, 1955 the State of U.P. numberified under Section 4 1 of the Land Acquisition Act 1 of 1894 that plots Nos.
Later the Government of U. P. on November 29, 1960 numberified under Section 6 of the Act that the Governor was satisfied that the land mentioned in the Schedule was needed for a public purpose and directed the Collector, Basti to take order for acquisition of the land.
dated November 10, 1960 and November 29, 1960 and for a writ of mandamus directing the State of U. P., the Collector of Basti and the Land Acquisition Officer number to interfere with his possession over the land pursuant to the said numberifications.
On December 12, 1960 the appellant petitioned the High Court of Judicature at Allahabad for a writ quashing the numberifications.
