Judgment

GROVER, J. :- These two appeals by certificate from a judgment of the Allahabad High Court must succeed on the short ground that the provisions of Section 4 (1) of the Land Acquisition Act, 1894, were not complied with. In C. A. 1192/67 a notification was issued under Section 4 of the Act on October 15, 1960 for acquisition of the land in dispute. Under Section 17 (4) of the Act the provisions of Sec. 5-A were dispensed with. On October 28, 1960 the notification under Section 6 was issued. The appellant was directed to be present before the Collector in pursuance of a notice under Section 9 on December 4, 1960. On December 5, 1960 the appellant filed a petition under Article 226 of the Constitution challenging the acquisition proceedings. 553 The petition was dismissed by a Single Judge of the High Court whose judgment was affirmed in Special Appeal by the Divison Bench. Section 4 (1) of the Act is in the following terms :-

"Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice