Vague notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 render all subsequent land acquisition proceedings void, for want of jurisdiction.

( 1 ) THIS petition under Article 226 of the Constitution has been filed by the petitioner Iftikhar Ahmed for quashing notifications under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ). The petitioner also seeks to quash the declaration issued under Section 9 of the Act and prays for a writ restraining the Slate Government from taking any action on those notifications and the declaration.

( 2 ) THE petitioner is the lessee of three survey numbers totalling to 6. 93 acres in the City of. Bhopal. The lease was taken by him from respondent No. 3 (Municipal Board, Bhopal ). At the instance of respondent No. 2, the State Government (respondent No. 1) issued Notifications Nos. 768-19130-VII-N and 76-19130-VII-N respectively under Sections 4 and 6 of the Act. The first is dated 23-12-1958 and was published in the Madhya Pradesh Gazette on 2-11959. The second is dated 3-1-1959 and was published in the Gazette on 9-1-1959. In the first notification, it was also stated that the lands were urgently required and so, in exercise of the powers under Section 17 (4) of the Act, it was declared that the provisions of Section 5-A shall not apply. In the special notice served on the petitioner, it was stated that possession of the land would be taken immediately. The purpose for which the acquisition is being made is for constructing a new slaughter house.

( 3 ) THE petitioner challenges the notifications on several grounds. It is contended that they are not properly authenticated and are vague, as they do not give description of the land sufficient to identify it. He states that the construction of a new slaughter house is not necessary and is not a public purpose. Further, he urges that the matter is not urgent and the land is not "waste or arable" land within the meaning of Section 17 (1) of the Act. Therefore, the State Government exceeded its powers in declaring that Section 5-A would not apply. The petitioner thus complains that Ee has been deprived of a valuable right to show cause against acquisition under Section 5-A of the Act

( 4 ) THE challenge of the notifications on the ground of improper authentication is without any substance. Several notifications appear together in the Gazette under the signature of the Under Secretary at the end of the series. The petitioner contends that the notifications are of different dates and each one should have separate signature of the authentication officer. We find that the notifications have been grouped together according to the usual practice and there is nothing wrong about it. The signature below applies equally to all the notifications above. We hold that the notifications have been properly authenticated.

( 5 ) ON the question of the acquisition of land for a public purpose, the respondents contend that the issue is not justiciable. We need only refer tothe decisions in Hemabai Framjee v. Secy. of State for India, ILR 39 Bom 279 : (AIR 1914 PC 20) And Province of Bombay v. K. S. Advani 1950 SCR 621 : (AIR 1950 SC 222), that the decision of the Government on the existence of a public purpose is open to judicial review. Further, as the power of acquisition of lands is restricted under I Article 31 of the Constitution to a public purpose, the matter becomes justiciable irrespective of anything contrary in the Land Acquisition Act.

( 6 ) CONSTRUCTION of a new slaughter house is necessary for maintaining the supplies of food to the residents of Bhopal. It is, therefore, a public purpose. It is in the affidavit of the State Government that the existing slaughter house is insufficient and insanitary. The Government and the local I authority are the best judges of the needs of the growing population of Bhopal; and unless their decision is not in good faith, it must ordinarily be accepted as correct. It is true that the alternative or additional reason given by them that they have to spend the money set apart for the purpose quickly as delay c