JUDGMENT

A.N. Verma, J. - These petitions have been grouped together and are being disposed of by a common judgment as, firstly, the issues raised therein are identical and, secondly, they are directed against the same notifications, one dated July 7, 1984 issued under Section 4 read with Section 17 (4) of the Land Acquisition Act and the other dated July 9, 1984 under Section 6 of the same Act.

2. The petitioners comprise both housing societies as well as individuals. The challenge to these notifications can be divided into two parts : (i) relating to the validity of the notification issued under Section 4 of the Land Acquisition Act and (ii) concerning the exercise of power by the State Government under Section 17(4) directing that the provisions of Section 5-A shall not apply to the acquisition. Before we elaborate these submissions advanced at the Bar by the learned counsel for the parties, we may briefly set out the essential facts.

3. On 18-5-83 the Secretary. Ghaziabad Development Authority (G.D.A.' for short hereafter) sent a proposal to the Special Land Acquisition Officer. Ghaziabad, stating that the land measuring 229.60 acres lying on the borders of Delhi and situate in vill. Hasanpur Bhavapur, Tehsil Dadri. Dist. Ghaziabad, was urgently needed for planned development. namely, for implementation of a housing scheme and that consequently the same may be acquired on priority basis at the earliest. The letter was accompanied by an application in the prescribed form detailing, inter alia, the public purpose for which the land was required as well as the need for immediate action. This was followed by another letter dated August 9, 1983 addressed by the Vice Chairman of the GDA to the Collector reiterating that the land was needed for the aforesaid public purpose and stressing the urgency in the matter. These letters were followed by several reminders which have been annexed to the counter-affidavit of Ved Prakash filed on May 21, 1988 on behalf of the respondents. Acting on the request of the GDA. the Collector, Ghaziabad sent a letter to the Secretary, Department of Housing. Government of Uttar Pradesh, requesting that notifications under Sections 4, 6 and 17(4) of the Land Acquisition Act may be immediately issued in view of the urgency of the matter. The letter states that the GDA urgently needs the land in question for planned development mentioned above and that a decision that residential houses may be constructed over this land for non-resident Indians has already been taken by the Government. This was followed by another letter dated April 9, 1984 of the Collector addressed to the same Secretary to the Government reiterating the earlier request and specifically stating that in view of the urgency the Government may issue a direction under Section 17(4) dispensing with the requirement of Section 5- A of the Act. On these letters and requests of the GDA routed through the Collector, Ghaziabad, the Government made certain queries eliciting comments of the GDA and the Collector why was it necessary to do away with the requirement of Section 5-A. The Collector thereupon sent a reply to the Government through a letter dated May 23, 1984 elaborating the reasons why a request was being made for invoking the urgency clause envisaged under Section 17(4) of the Act. The Collector also enclosed with that reply the letters exchanged between the Vice- Chairman of the GDA and the Collector on the subject.

4. It is after the aforesaid correspondence that the impugned notifications were issued by the State Government, first dated July 7, 1984 under Section 4 of the Act read with Section 17(4) and the second dated July 9, 1984 issuing the declaration that the Government was satisfied that the land in question was needed for planned development i. e. for implementations of a housing scheme undertaken by the GDA. The latter notification also contained a direction under Section 17(1) of the Act that in view of the urgency of the mat