R.S. Garg, J.

1. By this petition under Article 226 of Constitution of India, the petitioners seek to challenge notification dated 30-11-1965 (Annexure-P/1) issued under Section 4 of Land Acquisition Act, notification dated 21-2-1966 (Annexure P/2) issued under Section 6 of Land Acquisition Act and the award made by the Land Acquisition Officer on 14-2-1972 (Annexure P/8).

2. Brief facts leading to the petition are that the State Government to construct a weir to raise water storage capacity of Upper Lake, Bhopal up to contour level R. L. 1666-80, issued a notification under Section 4 of the Land Acquisition Act. Thereafter notification under Section 6 was also issued. During the proceedings of making the award, the petitioners and many others approached the State Government with a submission that part of the land would not be submerged for whole of the year, therefore, those persons were ready and willing to forego their claim of compensation, if they were permitted to occupy the land for rest of the period when the land was not under submergence. On 7th/26th April, 1968, the State Government by its letter No. 1240/600/XVI1-PH. II, Bhopal, directed the Public Health Engineering