ORDER :- The petition is to quash the proceeding taken by the respondent for compulsory acquisition of one acre and 75 cents out of two acres 86 cents comprised in S. No. 577/1 in Kumarapalayam village Coimbatore Taluk. It appears that the notification under S. 4(1) of the Land Acquisition Act was published on 2-5-1962. A declaration under S. 6 was published on 23-5-1962. The acquisition was said to be for the purpose of rehabilitation of slum dwellers in slaughter house area and certain other areas. The main ground on which the validity of the proceedings is questioned is that the respondent arbitrarily invoked the power to dispense with the application of S. 5-A. If this contention is well founded, there is no doubt the land-acquisition proceedings upto the stage of the notification under S. 4(1) should be quashed.

2. This court has repeatedly held that, if the Collector or the Government opined that the matter was urgent, the position cannot be reviewed as in an appeal. But where a party alleges that the emergency powers have been arbitrarily invoked, this court will have to satisfy itself with reference to the materials on record as to whether the contention is well fou