These lands along with 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 23 7 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 with the inquiry under Section 5 A. Three companytentions were raised and negatived by the Division Bench.
16 of an extent of 5 bighas, 6 biswas and 14 biswas respectively in Village Bairam Nagar, Pargana Nahtaur, Tahsil Dhampur, District Bijnore.
4896 of 1993 This appeal by special leave arises from the judgment and order dated 5 2 1993 by the Division Bench of the Allahabad High Court in Writ Petition No.
The first companytention was that since the lands are number waste or arable lands, numberification under Section 17 4 in invalid.
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.
Thus this appeal by special leave.
15377 of 1983.
The appellants are owners of the lands in Plot No.
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 .
