JUDGMENT

1. In these appeals common questions of law and facts are involved, hence, they are decided by this common judgment.

2. By way of these appeals, the appellants have challenged the judgment and order of the learned single Judge whereby the learned single Judge has dismissed the petitions and has upheld the action of the State Government in issuing notification under Section 4 of the Land Acquisition Act.

3. Counsel who appeared for the appellants has merely contended that the acquisition which has been made by the State Government is for Loha Mandi Scheme where the total area was 3,91,000 square metre and necessity for Steel Merchant Association was only 50% i.e. 1,76,000 square metre and for which letter dated 22nd August, 1998 Annexure 15 was issued. The Section 4 notification for the first time was issued on 28th August, 2001 and thereafter Section 6 notification was issued on 27th July, 2002 whereas the Section 4 notification for Phase 2 was issued on 25th July, 2002 and Section 6 notification Phase 2 was issued on 12th February, 2003. He has also emphasized that before Section 6 notification of Phase 2, notification of Section 4 Phase 2 was issued. Similarly paper publication of Section 6 notification of Phase 2, Section 4 notification was issued for which purpose he has taken us to Annexure 22 note which is reproduced as under:-

4. This remark made by the JDA was not established and same was not approved by the State Government and therefore, he contended that the acquisition which has been made by the State Government is contrary to law.

5. Counsel for the appellant contended that JDA is one of the interested person in view of Section 15 of the Land Acquisition Act, 1894, which is reproduced as under:-

"15. Matters to be considered and neglected. In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24."

6. The interested person being interested in the acquisition should be considered in view of the Sections 4, 6 & 17 which reads as under:-

"4 Publication of preliminary notification and powers of officers thereupon:

(1) Whenever it appears to the 15[appropriate Government] that land in any locality 16[is needed or] is likely to be needed for any public purpose 17[or for a company] a notification to that effect shall be published in the Official Gazette 17[and in two daily newspapers circulating in that locality of which at least one shall be in the regional language], and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality 17[(the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of publication of the notification)].

6. 6 Declaration that land is required for a public purpose. (1) Subject to the provisions of Part VII of this Act, 25[when the] 26[appropriate Government] is satisfied after consider-ing the report, if any, made under section 5-A, sub-section (2), that any particular land is needed for a public purpose, or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Gov-ernment or of some officer duly authorized to certify its orders 27[, and different declarations may be made from time-to-time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5A, sub-section (2)]: 28[29[Provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),

(i) published after the commencement of the Land Acquisition (Amendment and Validation) Ordinance, 1967 (1 of 1967) but before the commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984) shall be made after the expiry of three years from the date of the publication of the notif