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1966 Supreme(SC) 204

J.M.SHELAT, K.SUBBA RAO, M.HIDAYATULLAH, S.M.SIKRI, V.RAMASWAMI
Raja Anand Brahma Shah – Appellant
Versus
State Of U. P. – Respondent


Advocates:
B.R.L.Iyengar, C.K.DAFTARY, K.L.Mehta, O.P.RANA, S.K.MEHTA, SHANTI BHUSHAN, V.P.MISRA

Judgement

RAMASWAMI, J. : This appeal is brought, by special leave, against the judgment of the Allahabad High Court, Dated November 2, 1962 Dismissing the writ petition No. 454 of 1955 filed by the appellant -Raja Anand Brahma Shah.

2. The appellant was the Zamindar of Pargana Agori lying to the south of Kaimur Range in the district of Mirzapur. On October 4, 1950, a notification was issued by the State Government under S. 4(1) of the Land Acquisition Act (hereinafter referred to as the "Act" ) stating that the area of 409.6 acres in the village of Markundi Ghurma Pargana Agori was needed for a public purpose. The purpose specified in the notification was "for limestone quarry". The notification provided that the case being one of urgency, the provisions o sub-s.(1) of S. 17 of the Act applied to the land and it was, therefore, directed under sub-s (4) of S. 17 that the provisions of S. 5A of the Act would not apply to the land. On December 12, 1950, a further notification was issued under S. 6 of the Act declaring that the Governor was satisfied that the land mentioned in the notification was needed for public purposes and directed the Collector of Mirazpur to take order for acqui





































































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