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1984 Supreme(SC) 108

A.P.SEN, E.S.VENKATARAMIAH
Hari Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
GOPAL SUBRAMANIUM, S.DIXIT, S.Markandaya, SHANTI BHUSHAN

JUDGMENT

VENKATARAMIAH, J.:— About 45 plots of land of Kheragarh village and about 15 adjoining plots of land of Nagala Udaiya village situated in the district of Agra were notified under Section 4 (1) of the Land Acquisition Act, 1894 (Act No. 1 of 1894) (hereinafter referred to as the Act) for acquisition for a public purpose, namely, for the construction of the Market Yard of the Krishi Utpadan Mandi Samiti, Kheragarh under a notification dated January 8, 1980 issued by the Government of the State of Uttar Pradesh. As the plots of land in question which were agricultural lands were urgently required for the aforesaid purpose and the Government was of the view that it was necessary to direct that Section 5-A of the Act should not apply to the said acquisition proceedings, it simultaneously made an order under Section 17(4) of the Act directing that Section 5-A would not apply to the said proceedings and incorporated the said order also in the notification issued under Section 4 (1) of the Act. The notification was published in the Official Gazette dated January 9, 1980. This was followed by a notification dated January 9, 1980 under Section 6 of the Act published in the Official










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