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Prior to the issue of this notification no direction mantioned in Section 17 (1J or 17 (1-A) of the Act had been issued by the Governor requiring the Collector of Lucknow to take possession of the land in dispute on the expiration of fifteen days from the publication of a notice under Section 9 (1). The notification was published on the 17th Of March, 1962.

On the 30th March, 1962, the State Government issued-ed a declaration under Section 6 of the Act to the effect that the Governor was satisfied that the land in dispute was needed for the public purpose of "the protection of Lucknow town from floods in Gomti river in the Lucknow District", a direction under Section 7 requiring the Collector of Lucknow to take order for the acquisition of the land and an order to the effect that "the case being one of urgency, the Governor is further pleased under Sub-section (1) of Section 17 of the Act to direct the Deputy Commissioner of Lucknow, though no award under Section 11 had bean made, on the expiration of the notice mentioned in Sub-section (1) of Section 9 (to) take possesion of the land being waste or arable land". The notification was published on the 7th of April, 1962 On the 2nd of June, 1962, this notification was amended by another notification to this extent that for the words Sub-section (1)" the words "sub-section (1-A) were substituted. The effect of this amendment was that the notification dated the 30th of March, 1962, contained a direction under Section 17 (1-A) requiring the Collector to take possession of the land, being waste or arable land, on the expiry of the notice! issued under Section 9 (1), for the public purpose of protection of Lucknow town from floods in the Gomti river. Thereupon these petitions were filed by the petitioners. They are opposed by the State Government and the Land Acquisition Officer.