JUDGMENT

R.L. Gulati, J. - This is a petition under Art. 226 of the Constitution.

2. There is a Bund known as Ballia-Bairia Bund in the district of Ballia constructed in the year 1958-59 to protect the land and the property of the inhabitants of a number of villages from the effect of flood and erosion of the river Ganga. On the Bund there is a pucca pitch road maintained and supervised by the Public Works Department for public purposes and transport etc. In the year 1966 the authorities finding some danger to the public owing the erosion of the river near village Gai Ghat, started constructing spurs as a measure of protection of the residence of affected villages and of the said Bund as also to check the erosion and divert the current of the river. Later the authorities decided to construct a retire bund as a measure of safety at a distance of about one mile from the place of erosion. For that purpose the State Government issued notification under Sec. 4(1) and Section 5 of the Land Acquisition Act in order to acquire the necessary land. This led to litigation. But. the project was later on abandoned and that litigation came to an end. It appears that the respondents have now decid