( 1. ) THE writ petition has been filed challenging the notification dated 28th march, 2008 issued under Section 4 (Annexure P-l) and the notification dated 15th May, 2008 (Annexure P-2) issued under Section 6 of the Land Acquisition act.

( 2. ) THE case of the petitioners is that the petitioner No. 1 is owner of the house situated on Hiraganj Tiraha and the petitioner No. 2 is the owner of the house situated on Garg Chowk, Malviya Ganj, Katni. The notification dated 28th March, 2008 issued under Section 4 (1) of the Land Acquisition Act was published in the M. P. State Gazette dated 25-4-2008. Thereafter, the declaration under Section 6 was published on 15-5-2008. In the present petition, the notifications under Section 4 (1) of the Act as well as declaration under section 6 are under challenge.

( 3. ) LEARNED Counsel appearing for the petitioners submitted that the notification under Section 4 (1) of the Act is vague inasmuch as it does not contain the full details of the land proposed to be acquired and also the public purpose is not specific. The notification is so vague that the petitioners have been deprived of their right under Section 5-A of the Act. He further submitted that by the impugned notification approximately 4763. 229 sq. mt. of land of patwari Halka No. 43 and number Bandobast 493 was proposed to be acquired which is part of larger piece of land. He further submitted that invocation of urgency clause under Section 17 of the Act is bad and unsustainable.

( 4. ) LEARNED Counsel for the respondents submitted that Section 4 notification contains sufficient details of the land as required by law and the notification is not vague in any manner. He further submitted that the acquisition proceedings have been taken up strictly in accordance with law and there is no flaw in the proceedings.

( 5. ) I have heard the learned Counsel for the parties and perused the record. ( 6. ) THE question, which arises for consideration, is whether the impugned Section 4 notification contains the sufficient details of land proposed to be acquired and the public purpose to save it from the challenge on the ground of vagueness ?

( 7. ) SECTION 4 requires the appropriate Government to publish the notification when land in any locality is needed or likely to be needed for any public purpose. On the issuance of Section 4 (1) notification, under Section 4 (2)it becomes lawful for any officer authorised by Government to enter upon and survey any land in such locality and ascertain if the land is adapted for such purpose and also set out the boundaries of the land proposed to be taken. Division Bench of this Court in the order dated 8-8-2008 passed in W. A. No. 1145/2007 in the matter of Executive Engineer, M. P. Housing Board and another vs. Shri Kant Mishra and others, 2009 (1) M. P. H. T. 162 (DB), and connected writ appeals, while considering the object of notification under Section 4, has held that :-It is apparent from sub-section (1) of Section 4 of the Act that only locality in which the land was likely to be needed for any public purpose, is required to be mentioned. Sub-section (2) of Section 4 provides that thereupon after issuance of notification under sub-section (1) of Section 4, it shall be lawful for any officer to enter upon and survey and take levels of any land in such locality; to dig or bore into the sub-soil; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; to mark such levels, boundaries and line, by placing marks and cutting trenches; and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crops, fence or jungle. Thus, Section 4 provides a first step towards acquisition of land. The main purpose of the notification is to take the preliminary pr