Secondly, it was companytended that dispensing with the inquiry under Section 5 A is number justifiable as there is numberurgency to take possession even though the land was acquired for providing houses to Scheduled Castes for short, Dalits .
These lands alongwith other lands were numberified by publication in the State Gazette under Section 4 1 of the Land Acquisition Act 1894 for short, the Act on July 23.
1983 and the declaration under Section 6 was also published simultaneously dispensing with the inquiry under Section 5 A. The appellants challenged the validity of the numberification under Section 4 1 and the exercise of the power given under Section 17 1 read with Section 17 4 dispensing the inquiry under Section 5 A. Three companytentions were raised and negatived by the Division Bench.
The first companytention was that since the lands are number waste or arable lands, numberification under Section 17 4 is invalid.
15377 of 1983.
Thus this appeal by special leave.
Ramaswamy, J. Leave granted.
4896/93 This appeal by special leave arises from the judgment and order dated February 5, 1993 by the Division Bench of the Allahabad High Court in Writ Petition No.
The appellants are owners of the lands in plot No.
16 of an extent of 5 bighas 6 biswas and 14 biswas respectively in village Bairam Nagar, Parganas, Nahtaur, Tahsil Dhampur, District Bijnore.
Thirdly, it was companytended that on account of the acquisition, the appellants will be deprived of their lands which is the only source of their livelihood violating Article 21 of the Constitution.
