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1990 Supreme(SC) 51

K.RAMASWAMY, P.B.SAWANT, RANGANATH MISRA
Ghaziabad Sheromani Sahkari, Avas SamitiLTD. – Appellant
Versus
State Of U. P. – Respondent


Advocates:
A.K.GOHIL, AMAN VACHHER, ASHOK SHARMA, ATUI NANDA, B.P.Sahu, B.P.SINGH, C.MARKANDEV, D.PILLAI, G.S.GIRI RAO, G.SESHAGIRI, GOBINDA MUKHOTY, J.M.Khanna, K.K.VENUGOPAL, KRISHNA PRASAD, O.P.RANA, P.C.KAPUR, P.N.MISHRA, RAJA RAM AGARWAL, RAJINDER SACHAR, RAJU RAMACHANDRAN, S.K.MEHTA, S.Markandaya, S.N.Mishra, S.S.RAY, Sanjay Parikh, Shefali Khanna Sethi, SOLI J.SORABJI, V.M.TARKUNDE, W.A.NAMANI

Judgment

RANGANATH MISRA, J.:- We have heard counsel for the parties at considerable length but piecemeal spread over a number of days. Special Leave granted.

2. Five co-operative societies with membership of Government servants mostly of the lower strata filed six separate writ petitions before the AlIahabad High Court challenging the Notification under S. 4(1) and S. 17(1) of the Land Acquisition Act (1 of 1894) on several grounds. The principal contentions before the High Court were two-fold: (1) the co-operative societies consisting of the low paid Government servants having acquired the land for the purpose of providing residential accommodation to their members, the Ghaziabad Development Authority constituted by the State of Uttar Pradesh for the same purpose should not have been permitted to acquire the said land to their prejudice; and (2) there was no justification for depriving the petitioners of their right to representation under S. 5 A of the Acquisition Act in the facts and circumstances of the case.

3. The High Court by a common judgment dated 30th August, 1988, dismissed the writ petitions by negativing the several contentions raised on behalf of the petitioners. It m




















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