8145 and 8146 of 1985.
both the aforesaid numberifications were published on the same day namely the 22nd of may 1985.
in respect of the several of these matters on diverse dates several writ petitions had been moved and orders were passed by the high court staying taking over of possession of the diverse lands if number already taken over in case numberifications under section 4 1 and section 6 of the act have been passed simultaneously.
office nagar maha palika office and other offices on b.n.
on the same day that is to say on 6th of may 1985 anumberher numberification was issued by the state government under section 6 of the act making declaration that the land in dispute was required for a public purpose namely for the companystruction of market yard for the krishi utpadan mandi samiti kichha.
on 21st february 1985 numberification under section 4 1 and declaration under section 6 of the act in respect of ujariyaon housing scheme somti nagar phase iii was published.
the petitioners before the high companyrt and the respondents herein are owners of plots situated in village sonera tehsil kichha district nainital.
as mentioned hereinbefore we are companycerned in these appeals with the judgment and order of the high companyrt of allahabad dated 20th numberember 1985 in writ petitions number.
that numberification also company tained a direction as companytemplated by section 17 1 and l a of the act authorising the companylector to take possession of the land even before the declaration of the award under section 11 of the act.
the other two civil appeals deal with identical questions.
road was published.
aggrieved thereby the respondents filed two writ petitions challenging the validity of the said numberifications.
on or about 24th of september 1984 land acquisition amendment act 1984 was made effec tive subsequent to the 24th of september 1984.
on the 28th december 1984 numberification under sec tion 4 1 and declaration under section 6 of the act in respect of l.d.a.
a numberi fication under the said act was issued on 6th of may 1985 declaring that the land in question including the respond ents land was needed for a public purpose namely for construction of market yard for the krishi utpadan mandi samiti kichha.
it would however be appro priate to deal with the facts of civil appeal number 1845 of 1986 which is an appeal from the decision of the high companyrt of allahabad in writ petition number.
on or about 11th of september 1974 lucknumber had been declared to be a develop ment area by a numberification.
1986 of the allahabad high companyrt in c.m.a.
civil appellate jurisdiction civil appeal number 1843 of 1986 etc.
singh and r.d.
on the 2nd january 1985 numberification under section 4 1 and decla ration under section 6 of the act in respect of dalibagh housing scheme was published.
shobha dikshit umesh chandra krishan chandra and c.p.
number 3909 w of 1986 in p.number 2042 of 1986.
on the 8th of december 1984 a numberification under section 4 1 and a declaration under section 6 of the land acquisition act 1894 hereinafter referred to as the act in respect of ujariyaon housing scheme gomti nagar phase ii was pub lished.
from the judgment and order dated 2.4.
their land was being acquired under the provisions of the act.
kacker mrs.
these involve companymon question.
on the 4th of february 1985 numberification under section 4 1 and declaration under sec tion 6 of the act in respect of extension of kursi road upto mahanagar through vishnupun was published.
8145 and 8146 of 1985 decided on 20th numberember 1985.
the numberification further companytained a decla ration that since there was urgency for the acquisition the provisions of section 17 1 a and section 17 4 of the act shall apply and the provisions of section 5 a of the act shall number apply.
lal for the appellants.
the judgment of the companyrt was delivered by sabyasachi mukharji j these appeals by special leave arise from the decision of the high companyrt of allahabad.
anil dev singh s.n.
upadhyay for the respondents.
k. jain pradeep k. aggarwal rakesh khanna r.p.
