Judgment

WANCHOO, J. :

This is an appeal by special leave against the judgment of the Madhya Pradesh High Court. The appellant filed a writ petition in the High Court challenging the validity of a notification issued under S. 6 of the Land Acquisition Act. No. 1 of 1894 (hereinafter referred to as the Act). Their case was that they were owners of certain lands in Chhaparwah. On July 8, 1960, a notification was issued under S. 4 of the Act to the effect that certain land in village Chhaparwah was required for a public purpose, namely, "for the construction of buildings for godowns and administrative office". Thereafter proceedings appear to have been taken under S. 5-A of the Act and an inquiry was made by the Collector. It may be mentioned that the acquisition proceedings were taken it the instance of the Premier Refractories of India Private Limited, Katni, which is a company. The Collector reported that the land was essential for the company and was needed for a public purpose and the objections of the landowners had no substance. He therefore recommended that a declaration under S. 6 of the Act might be made. He also reported that a draft agreement to be executed between the company and the Government as required by S. 41 of the Act was being submitted along with a draft notification under S. 6. This report was made on October 17, 1960. On December 3, 1960, the notification under S. 6 was issued stating that the State Government was satisfied that the land described in the annexure to the notification was required for a public purpose, namely, for the construction of buildings for godowns and administrative office, and hence the notification was issued. It may be noticed that the notification under S. 6 did not say that the land was required for company. Thereupon the appellants filed a writ petition in the High Court on March 20, 1960, and their main contentions were two, namely, (1) that the notification under S. 6 did not describe the land to be acquired with sufficient particularity and was therefore of no effect, and (2) that the notification mentioned that the land was required for a public purpose, though in actual fact the land was required for a company, which was entirely different from Government and therefore was invalid. Soon after the writ petition was filed, the State Government issued a fresh notification on April 19 1961. This notification was mainly under S. 17(1) read with S. 17(4) of the Act, which provides that in case of urgency, the State Government may direct the collector before the award is made under certain circumstances to take possession of any waste or arable land needed for public purposes or for a company. Curiously enough this notification stated that the State Government also directed that the provisions of S. 5-A would not apply, though as we have already stated, an inquiry under S. 5-A had already been made before the notification of December 3, 1960 was issued. The notification further stated that it was declared under S. 6 of the Act that the land was required for a public purpose, namely, "for the Premire Refractory Factory and work connected therewith". It appears however that the real reason for issuing this notification in this form was to make good the lacuna which appeared in the notification of December 3, 1960 inasmuch as the property to be acquired was not specified with sufficient particularity in that notification. It may be noticed that this notification of April 19, 1961, treating it as a notification under S. 6 as well, nowhere specified that the land was required for a company; it only stated that the land was required for a public purpose, namely, for the Premier Refractory and work connected therewith.

2. When the matter came to be argued before the High Court, the main point that was urged was that both the notifications under S. 6 of December 3, 1960 and April 19, 1961 were invalid, because the acquisition was not for a public purpose as stated therein; in fact the acqu