ORDER

Leave granted.

2. Notification under Section 4(1) of the Land Acquisition Act (1 of 1894) (for short, "the Act") acquiring total extent of 114 acres of land in Narayanpura Village in Bangalore District, Karnataka was published for public purpose, viz., Defence Research & Development Organisation, Government of India. The Government, exercising the power under Section 17(4), dispensed with the enquiry under Section 5A of the Act and the notification under Section 4(1) was accordingly published on January 22, 1987. Thereafter, the declaration under Section 6 was published on June 24, 1987.

3. The appellants had challenged the exercise of emergency power under Section 17(4) by filing W.P. No. 13316-20/1987 and batch in the High Court of Karnataka and the learned single Judge quashed the order of the Government dispensing with enquiry under Section 5A and directed as under :

"In the result these petitions are partly allowed and the declaration dated 24.6.1987 published in the Gazette dated 6.8.1987 made under Section 6(2) of the Act read with Section 17(1) of the Act as also that portion of the Preliminary Notification under Section 4(1) of the Act dispensing with the enquiry under