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2002 Supreme(SC) 963

B. N. KIRPAL, B. P. SINGH, SHIVARAJ V. PATIL
Nagpur Improvement Trust: Jalandhar Improvement Trust: Jalandhar Improvement Trust: Jalandhar Improvement Trust: Jalandhar Improvement Trust: Amarjit Singh Nalwa: Nagpur Improvement Trust: Sudha Rani Gupta: Bhiwani Improvement Trust: Bhiwani Improvement T – Appellant
Versus
Vasantrao: Amrik Singh: President, Improvement Trust Tribunal, Jalandhar: Aminder Singh: Gurdip Singh: Jalandhar Improvement Trust: Jaswantibai: The State Of U. P. : Kali Charan: Kali Charan: Haricharan, Girdhari Lal: Daljinder Singh: Gurjaipal Singh (Dea – Respondent


Judgment

B.P. Singh, J.—In this batch of appeals and special leave petitions the common question which arises for consideration is whether the provisions of the Land Acquisition Act, 1894, particularly Sections 6, 23(2) and 28 thereof stand incorporated in the three State Acts with which we are concerned in these matters or whether the Land Acquisition Act has been merely referred to in the State Acts. If it is held that the provisions of the Land Acquisition Act stand legislatively incorporated in the State Acts, the subsequent amendments to the Land Acquisition Act will have no effect upon the acquisitions made under the State Acts. We are concerned with three State Acts, namely, The Punjab Town Improvement Act, 1922 (hereinafter referred to as the Punjab Act ); The Nagpur Improvement Trust Act, 1936 (hereinafter referred to as ‘the Nagpur Act’) and The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the U.P. Act ).

2. C.A. Nos. 9206 to 9214 of 1995; C.A. Nos. 9260-9261 of 1995: C.A. No. 3789 of 1992; SLP (C) No. 12949/1992; SLP (C) No. 3331/1993 & SLP (C) No. 3210/1999 relate to acquisitions made under the Punjab Act. C.A. No. 839 of 1995 and































































































































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