JUDGMENT :- This appeal by special leave arises from the judgment dated August 30, 1979 of the Division Bench of the Allahabad High Court in C.M.W. No. 35/1977. Notification under Section 4 (1) of the Land Acquisition Act, 1894 (for short, the Act) was published in the Gazettee on September 29, 1976. Declaration under Section 6 was made on September 30, 1976. While issuing the notification under Section 4 (1) of the Act, the Government exercised the power under Section 17(4) of the Act and dispensed with the enquiry under Section 5-A. Consequently, notice under Section 4(1) of the Act was served on November 15, 1976 and possession of the land was taken on December 16, 1976.

2. The appellant had challenged the exercise of the power of the Government under Section 17(4) contending that there is no such urgency as is warranted to dispense with the enquiry under Section 5-A and the exercise of power under Section 17(4), therefore, was illegal. The High Court had not accepted the contention holding that there was urgency to dispense with the enquiry and the Court could not substitute the satisfaction of urgency recorded by the Government when it exercised power under Section 17(4) of the