ORDER

Heard learned counsel on both sides.

Leave granted.

2. This appeal arises from the judgment of the Division Bench of Allahabad High Court, made on December 9, 1996 in CMWP No. 23997 of 1996. The notification under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act ) was published on July 27, 1995 and the Government had in exercise of the power under Section 17(1) of the Act dispensed with inquiry under Section 5-A of the Act. Shri P.P. Rao, learned counsel for the appellant, contended that since declaration was not published immediately, the exercise of power under Section 17(1) dispensing with the inquiry under Section 5-A, is bad in law as it indicates that there was no real urgency. The view of the High Court that possession of land is deemed to have been taken under Section 17(4) is not correct on the facts of this case. The ratio of the judgment of this Court in Ghaziabad Development Authority v. Jan Kalyan Samiti, Sheopuri, Ghaziabad & Anr.1 has no application to the facts of this case. Though we are in agreement with the learned counsel in this behalf, we do not find substance in the other contentions. As regards the delay in issuing the said declaration