Judgment

ORDER :- In this appeal filed by certificate, several points have been urged by learned counsel for the appellant. We do not consider it necessary either to state all the points or discuss them as none of them except one has got any substance. The point of substance which in our opinion must succeed in this appeal is as to whether even on the face of the Notification issued under Section 4 of Land Acquisition Act, 1894 (hereinafter called the Act), an order under Section 17 (4) dispensing with the compliance with the provisions of Section 5-A was validly made. The paragraph of the Notification which incorporated apparently the order exercising the power under Sub-section (4) of Sectioo 17 of the Act reads as follows :-

"Further in exercise of the powers under the said Act, the Governor of Punjab is pleased to direct that action under Section 17 shall be taken in this case on the grounds of urgency and provisions of Section 5-A will not apply in regard to this acquisition."

2. It is to be clearly understood that under sub-section (4), the appropriate Government may direct that the provision of Section 5-A shall not apply where in the opinion of the State Government, the provis