( 1 ) THIS is a petition under Article 226 of the Constitution and has come to us as a result of a reference made by Mr. Justice Dwivedi.

( 2 ) THERE are three plots of land bearing Nos. 1708, 1709 and 1710 situated in Mohalla Nal Bazar in the town of Basti within the limits of the Municipal Board of that town. According to the petitioner plot No. 1710 contains the asthan of Sri Karwa Baba and is on that account a place of pilgrimage. There is a Shiv Asthan also on the plot adjacent to an old well. The petitioner is constructing a dharamshala near the asthan for the convenience of the pilgrims visiting the place. On the 28th of June 1955 a notification under Section 4 of the Land Acquisition Act was issued for the acquisition of the land of these plots. The petitioner filed an objection under Section 5-A of the Land Acquisition Act (hereinafter referred to as the Act) against the proposal to acquire the land. The objection was enquired into by the Land Acquisition Officer who submitted a report to the Government recommending that the objection was well founded. The petitioner alleges that as a result of the report the acquisition proceedings were dropped and the not