PRABHA SHANKER MISHRA, J.

1. The petitioner has moved this Court under Art.226 of the Constitution of India for quashing the notification under Sec. 4 and Sec.17 (4) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) dated 1-8-1981 issued for the acquisition of lands measuring 0.92 acres and plot (Khesra) Nos. 25, 31, 32 and 33 in revenue thana No. 196 in the district of Saharsa for the purpose of constructing a Microwave Station.

2. The petitioner has not alleged that the acquisition of the said land has not been made for a public purpose. According to him Saharsa which is now a commissionary town has substantially expanded and embraced village Batraha in its urban agglomeration. The land falls within the boundaries of the Saharsa Municipality. The petitioner got this land in his share in a partition of the joint family properties and intended to construct a separate residential house and a clinic upon it. He is a doctor and a member of the Bihar Health Services and is presently posted in Nalanda Medical College Hospital, Patna. Since he has been residing in Patna he had no information about the notification for acquisition of the land and learnt for th