( 1 ) THIS petition has been filed by the petitioners challenging a notification issued on 4th March 1978 under Section 4 (1) of the Land Acquisition Act, 1894 and further proceedings in the matter and a direction is sought quashing the notification and further proceedings.

( 2 ) ACCORDING to the petitioners they are the bhumiswamis of agricultural land situated at New Hospital Road, Jaora, district Ratlam, described below: khasra Area in Land no. Hectares. Revenue. 904 0. 139 905 0. 025 Rs. 59. 14 paise. 906 0. 822 it is alleged that the petitioners purchased the said lands in the year 1974 and developed it into a modern irrigated farm. The petitioners also keep she-buffaloes on this farm and intend to develop a modern dairy farm.

( 3 ) IT is alleged that the respondent No. 1 on 4-3-1978 issued a notification No. 8/11/78/sa. 1/vii under Section 4 (1) of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act") and this was published in the Madhya pradesh State Gazette dated 16-6-1978 Part I at page 446. In this notification it was stated that land measuring 0. 809 hectares in village Jaora was required or likely to be required for the public purpose mentioned in the schedule "expansion of capacity of telephone exchange". It was further stated in this notification that provisions of Section 5a of the Act would not apply in respect of this land as in the opinion of the State Government the provisions of Section 17 (1) of the Act applied to it,

( 4 ) IT is alleged by the petitioners that Jaora is a town with a population of nearly 50,000 and the entire town is divided into 22 municipal wards and each and every ward has 5 to 7 mohollas in it. There are thus about 110 mohollas in the town and each moholla is a compact unit having acquired a separate name and is known by that name and is a separate locality. According to the petitioners the land of the petitioners is situated in a locality known as New hospital Road (formerly Palladia Road) and in the notification Annexure A, referred to above, the locality where the land is required is not specified. It was only stated that land from village Jaora is required. Apparently, village Jaora is situated in district Batlam and according to the petitioners this much of the description of the locality was not sufficient to enable them to know as to whether it was their land which may be required for acquisition or any portion of their land; and therefore, it did not enable them to file an objection against the proposed acquisition.

( 5 ) IT is further alleged that Section 4 of the Act requires that after a notification is published in the official gazette the Collector shall cause a public notice of the substance of such notification to be given at convenient places in the locality concerned and it is further alleged that the State Government has also made rules in this connection under Section 55 of the Act and Rule 1 of these rules provides that immediately after publication of the notification under Section 4 (1) of the Act the Collector shall as required by Section 4 (1) issue a notice stating that the land is needed or likely to be needed for the public purpose and all persons interested in the land would lodge within thirty days in writing a statement of their objections, if any, to the proposed acquisition. And it is further required that such notice should be published at a convenient place in the locality concerned and copies of the notice shall be fixed up in the office of the Collector and in the nearest police station. It is alleged by the petitioners that all the requirements of this provision are mandatory. ( 6 ) ACCORDING to the petitioners, the substance of the said notification published in the gazette was given on 2-8-1978 under Section 4 (1) of the Act and a copy of the substance was published and the panchanama prepared on 2-8-1978 for the publication thereof has been filed by the petitioner. This notice issued by the Collector shows that persons conc