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2003 Supreme(SC) 801

V. N. KHARE, S. B. SINHA
Tejumal Bhojwani – Appellant
Versus
State Of U. P. – Respondent


ORDER

The appellants herein (in C.A. Nos. 6365-6382 of 1999) were the owners of large tract of land situate in village Chhauni Gora Barik and/or Chhauni Qadim, Pargana Khairabad, Tehsil and District Sitapur in the State of Uttar Pradesh. The respondent herein (in C.A. Nos. 6365-6382 of 1999) is the State of U.P., through the Collector, [Land Acquisition Officer, Avas Evam Vikas Parishad (hereinafter referred to as the Parishad )], established and constituted under the provisions of U.P. Avas Evam Vikas Parishad Adhiniyam, 1965 (for short the Adhiniyam ). Under the Adhiniyam, the Parishad is entrusted with certain functions and duties for preparing and executing housing schemes. For the aforesaid purpose in mind, the Parishad issued a notification dated 1st of November, 1974 under Section 28 of the Adhiniyam, which is equivalent to Section 4 of the Land Acquisition Act, 1894. By the aforesaid Notification a large tract of land was sought to be acquired pursuant to a Housing Scheme for construction of houses for the public. The said notification was followed by a Notification dated 11th November, 1978, under Section 32 of the Adhiniyam, which is equivalent to Section 6 of the Notif
















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