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2003 Supreme(SC) 832

S. B. SINHA
Kanak – Appellant
Versus
U. P. Avas Evam Vikas Parishad – Respondent


JUDGMENT

S.B. Sinha, J.-Whether and, if any, to what extent a Writ Petition will be maintainable at the instance of the respondent-Parishad questioning an award made on a reference under Section 18 of the Land Acquisition Act is the primal question involved in these appeals, which arise of a judgment and order 20.5.1998 passed by a Division Bench of the Allahabad High Court in First Appeal No. 549 of 1994 and Civil Misc. Writ Petition No. 11625 of 1996.

BACKGROUND FACTS :

2. The respondent herein is a statutory body created under the provisions of Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the 1965 Adhiniyam ).

3. Agra Nagar Mahapalika, a body constituted under Uttar Pradesh Municipal Corporations Adhiniyam, 1959 framed a housing scheme entitled "Ghatwasan Grah Isthan Evam Sarak Yojna". It issued a notification on 23.4.1960 under Section 357 of U.P. Nagar Mahapalika Adhiniyam 1959 ( hereinafter referred to as Mahapalika Adhiniyam ) which is equivalent to Section 4(1) of the Land Acquisition Act.

4. A declaration purported to be in terms of Section 363 of the Mahapalika Adhiniyam which is in pari materia with Section 6 of the Land Acquisition Act












































































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