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1995 Supreme(SC) 878

B.L.HANSARIA, K.RAMASWAMY
U. P. State Sugar Corporation LTD. – Appellant
Versus
State Of U. P. – Respondent


Advocates:
G.D.Agarwal, GOPAL JAIN, Mukul Mudgal, O.P.RANA, P.N.Gupta, PRAMOD DAYAL

(1) THE short point in this appeal, which was not argued in the High court, is whether the appellant is entitled to retain the land to the extent of 2.18 acres out of Surveys Nos. 41/1 and 41/2. The Collector himself had written a letter on 7/12/1985 to the secretary to the government slating that a portion of the land of Plots Nos. 41/1 and 41/2 measuring 2.18 acres out of total 2.40 acres adjoining the General Manager, U.P. State Sugar Corporations residence, which is the subject-matter of the acquisition, was yet to be developed. Leaving apart mere 3 metres of land around the General Managers residence would be highly inconvenient. The matter was examined in the meeting of the District Officer, Shri Atul Kumar Gupta, the General Manager of the appellant, and the Executive Engineer of the respondents-Avas Evam Vikas Parishad (Parishad, for short). It was decided in the said meeting that in exchange of the acquired land, 2.18 acres of land, the appellant would give an extent of 2.74 acres of land in Plot No. 41/4. The Parishad was directed to send a proposal to acquire the land of Plot No. 41/4 and also exemption of the land to the extent of 2.18 acres of land adjoining th



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