Judgement

ALAGIRISWAMI J.:- The appellant is a tenant of Plot No. 428 in mauza Dehra Khas, pargana Central Doon, district, Dehradun. This land along with some other pieces of land was notified under Section 4 (1) of the Land Acquisition Act on February 8, 1962 for acquisition for the purpose of setting up an industrial estate at Dehradun. By the same notification, under Section 17 (4) of the Act it was directed that the provisions of Section 5A shall not apply on the ground that the provisions of Section 17 (1) were applicable to the facts of the case. He filed a writ petition out of which this appeal arises for the issue of a writ of certiorari for quashing the notification dated 8th February, 1962. He made various allegations which it is not necessary to go into for the purpose of this appeal. A learned single Judge of the Allahabad High Court dismissed the petition and an appeal filed by him was dismissed by a Division Bench of the same High Court.

2. The only point argued before us was that there was a pucca construction on plot No. 436 which was also notified for acquisition under the impugned notification and consequently the provisions of S. 17 (4) would not be applicable to t