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2003 Supreme(SC) 535

S. B. SINHA, A. R. LAKSHMANAN
Savitri Cairae, U. P. Avas Evam Vikas Parishad – Appellant
Versus
U. P. Avas Evam Vikas Parishad, Jagdish Chandra – Respondent


JUDGMENT

Khare, CJI.-On 5th March, 2003 when these appeals came up for hearing before a Bench of this Court, the Bench was of the view that these matters require to be heard and decided by a Bench of three Judges. It is in this way these appeals have come up for hearing before us.

2. Before us, there are two sets of civil appeals - one set of appeals is at the instance of the claimants whose land has been acquired and the same is directed against the order and judgment passed by the Allahabad High Court partly allowing the first appeals of U.P. Awas Evam Vikas Parishad (hereinafter referred to as "the Parishad") and the other set of appeals is at the instance of the Parishad.

3. The Uttar Pradesh Legislature has enacted Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as "the Adhiniyam"). The Awas Evam Vikas Parishad (in short "the Parishad") was constituted under the Adhiniyam. One of the duties assigned to the Parishad under the Adhiniyam is to frame and carry out housing schemes by acquiring land. In that view of the matter, the Parishad issued a notification dated 2nd October, 1982 under Section 29 of the Adhiniyam proposing to acquire 136.12 acres o













































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