G.R.Majithia, J.

1. The petitioner has challenged the declaration under Section 6 of the Land Acquisition Act, 1894 (for short, the Act) issued vide notification No. 2078-51 BL-78/9348 dated 20th March, 1978, in this petition under Articles 226/ 227 of the Constitution of India.

2. Notification under Section 4 of the Land Acquisition Act dated December 15, 1977 was issued by respondent No. Instating that the land mentioned therein was required for a public purpose, at a public expence, for setting up Industrial Focal Point at Amritsar. It was followed by a declaration dated March 20, 1978, under Section 6 of the Act.

3. The declaration under Section 6 of the Act was assailed on the ground that notice under Section 9(3) of the Act was not issued to the petitioner. Issuance of notice under Section 9(3) of the Act was a condition pracedent for further proceedings, namely, finalisation of the. award and taking of possession pursuant thereto. Since notice under Section 9(3) of the Act was not issued, all the proceedings subsequent thereto were invalid.

4. A perusal of the pleas In the writ petition raises two points for adjudication namely; (i) whether failure of issuance of not