JUDGMENT

K.G. Balakrishnan, J.-An extent of 2.428 hectares of land comprising Khasra No. 400/1 and 399/2 situated in Patan Tehsil of Jabalpur District was sought to be acquired for the purpose of establishing Krishi Upaj Mandi Yard. The Notification under Section 4 of the Land Acquisition Act was published on 29.12.1989. Declaration under Section 6 of the Land Acquisition Act was also simultaneously published. For the same purpose, some other plots of land were also acquired. According to the appellant, as regards other lands, emergency provision under Section 17 was invoked. The appellant contended that even though Section 17 was not invoked in respect of the appellant s property, there was no inquiry as contemplated under Section 5A of the Act and, therefore, the whole proceedings initiated for acquisition of the appellant s land are illegal and liable to be quashed.

2. The appellant filed Writ Petition No. 4386/2000 before the High Court of Madhya Pradesh at Jabalpur. The appellant alleged in the Writ Petition that he had filed a Civil suit registered as C.S. No. 2-A/91 before the Court of Civil Judge, Class I challenging Section 4(1) Notification and Declaration under Section (6)