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1989 Supreme(SC) 14

SABYASACHI MUKHARJEE, S.RANGANATHAN
State Of U. P. : State Of U. P. : Lucknow Development Authority – Appellant
Versus
Radhey Shyam Nigam: Kashmir Singh: Kashmir Singh – Respondent


Advocates:
ANIL DEV SINGH, C.P.LAL, Krishan Chandra, PRADIP AGRAWAL, R.D.UPADHYAY, R.K.JAIN, R.P.SINGH PAL, Rakesh K.Khanna, S.N.KACKAR, SHOBHA DIXIT, UMESH CHANDRA

JUDGMENT

SABYASACH1 MUKHARJI, J. :— These appeals by special leave arise from the decision of the High Court of Allahabad. These involve common question. It would however. be appropriate to deal with the facts of Civil Appeal No. 1845 of 1986 which is an appeal from the decision of the High Court of Allahabad in writ petitions Nos. 8145 and 8146 of 1985 decided on 20th November, 1985 (reported in AIR 1987 All 113). The other two Civil Appeals deal with identical questions. In order to appreciate the controversy involved it would be necessary to refer to certain facts of the case.

2. Uttar Pradesh Urban Planning and Development Act was enacted by the U.P. Legislature in 1973. On or about 1lth of September, 1974, Lucknow had been declared to be a development area by a notification. On or about 24th of September, 1984 Land Acquisition (Amendment) Act, 1984 was made effective subsequent to the 24th of September, 1984. On the 8th of December, 1984 a Notification under Section 4(1) and a declaration under Section 6 of the Land Acquisition Act, 1894 (hereinafter referred to asthe Act) in respect of Ujariyaon Housing Scheme (Gomti Nagar) Phase-11 was published. On the 28th December, 1984 No
































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