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1996 Supreme(SC) 1372

G.B.PATTANAIK, K.RAMASWAMY
Allahabad Development Authority – Appellant
Versus
Nasiruzzaman – Respondent


ORDER

Leave granted.

We have heard learned counsel for the appellant as well as respondent-in-person who is also a practising advocate.

Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the Act ) was published on June 18, 1977 acquiring the large extent of land admeasuring 23 bighas and 19 biswas for Transport Nagar Scheme. Enquiry under Section 5(1) of the Act was dispensed with the exercise of the power under Section 17(1-A), as amended by the Legislature of the U.P. substituting the Act. Possession thereof was taken on November 2, 1977 and transferred to the Transport Nagar Scheme. Those lands stood vested in the State under Section 16 of the Act free from all encumbrances and stood transferred to the beneficiary.

The question that arises for consideration is: whether the High Court was right in passing the order dated December 15, 1993 and the order dated January 29, 1990 declaring that the acquisition proceedings by operation of Section 11-A, as amended by Act, 68 of 1984, stood lapsed and direction given for delivery of possession to the respondents would be in accordance with law? The controversy is no longer res integra. In Lt. Governor






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