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1993 Supreme(SC) 813

S.P.BHARUCHA, J.S.VERMA, M.N.VENKATACHALIAH
Satendra Prasad Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
E.C.AGARWAL, PRAMOD DAYAL, R.A.PADMANABHAN, R.B.MISHRA, SUNIL GUPTA

JUDGMENT

BHARUCHA, J.:— Leave granted.

Heard.

2. This appeal impugns the judgment and order of the Allahabad High Court dismissing the writ petition filed by the appellants.

3. The appellants were the owners of land admeasuring approximately 29 bighas situated in Patti Baru, Baraut in Meerut district in the State of Uttar Pradesh. A notification under S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as "the said Act") in respect of the said land was issued on 29th July, 1986. The acquisition was purpoted for the planned development and construction of the Mandi of the Agriculture Market Produce Samiti, Baraut. The notification stated that, in view of the urgency of the public purpose, S. 17(4) of the said Act was applied and the provisions of S. 5A were dispensed with. On 24th October, 1986 the S. 6 declaration was issued which applied to the said land the provisions of S. 17(1). It stated that the Collector of Meerut could, though no award under S. 11 had been made, on the expiration of fifteen days from the date of publication of the notice under S. 9(1), take possession of the said land. The S. 9(1) notice was published on 2nd December, 1986. The appellant impugned




























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