JUDGMENT N.D. Ojha, J. - By this writ petition a notice under Section 3 of the United ProvincesRural Development (Requisitioning of Land) Act, 1948 (hereinafter referred to as the Act) requisitioning three plots of which the petitioners claim to be tenure holder is sought to be quashed. A copy of the said notice has been attached as Annexure 2 to the writ petition. The plots requisitioned are Nos. 1120 (3 bighas 2 biswas), 1121 (four bighas and 10 biswas) and 1122 (1 bigha 1 biswa) of village Boria Daulat, Tahsil Bazpur, district Nainital, it has been urged by the counsel for the petitioners that the impugned notice is invalid inasmuch as the area of plots Nos. 1120, 1121 and 1122 is much more than their respective areas which are sought to be requisitioned as is apparent from the copy of the Khasra for the year 1391 F. attached as annexure to the writ petition.' On its basis it has been urged that it is not possible to identify the situation of the area of these plots which are sought to be requisitioned. According to the counsel for the petitioners for the same reasons it is not possible for the petitioners to file any claim for compensation. Sri M.L. Ganguli, Standing Counsel appearing for the respondents has no objection in the writ petition being finally decided at this very stage as contemplated by the 2nd proviso of Rule 2 of chapter XXII of the Rules of Court. 2. I/We have accordingly heard counsel for the parties on the merits of the writ petition. In our opinion there is substance in the submission made by the counsel for the petitioners. On a base perused of the impugned notice and the copy of the Khasra 1391-F attached as annexure I to the writ petition it is apparent that the impugned notice does not give any specification of that area of the three plots mentioned above which out of the total area of these plots is sought to be requisitioned. No boundaries of the area sought to be requisitioned have been given, nor has even this been stated in the impugned notice that any map had been prepared which could be inspected and which gave the specification of the said area.
No boundaries of the area sought to be requisitioned have been given, nor has even this been stated in the impugned notice that any map had been prepared which could be inspected and which gave the specification of the said area. Depending on the Facts of each case the situation of the portion of land out of a big plot which is sought to be acquired or requisitioned has relevance even in determining the compensation. In the absence of such specification the tenure holders whose plots are sought to be requisitioned may be handicapped in making an effective representation for compensation. 3. For these reasons we are of the opinion that the impugned notice deserves to be quashed. 4. In the result the writ petition succeeds and is allowed and the impugned notice under Section 3 of the Act in regard to the plots mentioned above (a copy whereof has been filed as annexure-2 to the writ petition) is quashed. It is, however, made clear that it would be open to the respondents, to requisition these plots again in accordance with law after specifying the area of those plots, which are sought to be requisitioned in a manner that their identity and situation is made clear. In the circumstances, however, there shall be no order as to costs. 5. A copy of this order may be supplied to the learned counsel for the petitioner within 24 hours on payment of requisite charges.