Judgment

SHAH, J. : On June 28, 1955 the State of U. P. notified under S. 4 (1) of the Land Acquisition Act 1 of 1894 that plots Nos.1708, 1709 and 1710 admeasuring in the aggregate 3.21 acres situate at Mohalla Nai Bazar in the town of Basti were likely to be needed for a public purpose i.e., for waterworks supply scheme for the Basti Municipality". The appellant filed under S. 5-A of the Act objections against the intended acquisition. The Land Acquisition Officer held an enquiry and submitted a report to the Government recommending that the land be exempted from acquisition. On March 7, 1956 the proceedings for acquisition were abandoned by the Government of U. P. On November 10, 1960, a fresh notification was issued under S. 4 (1) of the Land Acquisition Act by the Government of U. P. intimating that an area out of plots Nos. 1708, 1709 and 1710 admeasuring 1.13 acres was likely to be needed for a public purpose, viz., water-works scheme for the Basti Municipality. Simultaneously therewith the Government of U.P. in purported exercise of powers under S. 17 (4) of the Act directed that the provisions of S. 5-A of the Act shall not apply to the land notified. Later the Government o