( 1 ) BOTH these petitions involve common questions of law and fact. We are disposing of both these petitions by a common order at the admission stage with the consent of the counsel for the parties.

( 2 ) THE petitioners are owners of the plots situate in village Sonera, tehsil Kichha district Nainital. Their land is being acquired under the provisions of the Land Acquisition Act, 1894. A notification under S. 4, Land Acquisition Act, 1894, (hereinafter referred to as the Act) was issued on 6-5-1985 declaring that the land in question including the petitioners land was needed for a public purpose, namely, for construction of market yard for the Krishi Utpadan Mandi Samiti, Kichha. The notification further contained a declaration that since there was urgency for the acquisition, the provisions of Ss. 17 (1-A) and 17 (4) shall apply and the provisions of S. 5-A of the Act shall not apply. On the same date, namely, May 6, 1985, another notification was issued by the State Government under S. 6 of the Act making declaration that the land in dispute was required for a public purpose, namely, for the construction of market yard for the Krishi Utpadan Mandi Samiti, Kichha