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2003 Supreme(SC) 674

M.B.SHAH, A.R.LAKSHMANAN
UNION OF INDIAS – Appellant
Versus
DEEPAK BHARDWAJS – Respondent


ORDER

1. BEING AGGRIEVED AND DISSATISFIED BY THE JUDGMENTS AND ORDERS DATED 24-7-2001, PASSED BY THE HIGH COURT OF DELHI IN CIVIL WRIT PETITION NO. 4361 OF 1998 ETC. UNION OF INDIA AND OTHERS HAVE FILED THESE APPEALS. BY THE IMPUGNED JUDGMENTS AND ORDERS, THE HIGH COURT QUASHED THE NOTIFICATION ISSUED UNDER SECTION 4 READ WITH SECTION 17(1) OF THE LAND ACQUISITION ACT, 1894 (HEREINAFTER REFERRED TO AS "THE ACT") ON THE GROUND OF NON-APPLICATION OF MIND ON THE PART OF THE ACQUIRING AUTHORITY IN ISSUING THE SAID NOTIFICATION.

2. LEARNED ADDITIONAL SOLICITOR GENERAL MR MUKUL ROHATGI SUBMITTED THAT THE IMPUGNED ORDER PASSED BY THE HIGH COURT QUASHING THE NOTIFICATION ISSUED UNDER SECTION 4 CANNOT BE JUSTIFIED BECAUSE THE HIGH COURT HAS NOT A ASSIGNED ANY REASON FOR SETTING ASIDE THE SAME. HE ALSO POINTED OUT THAT ONE

OF THE GROWTH CENTRES WAS TO BE ESTABLISHED IN VILLAGE RAJOKARI. HOWEVER, DUE TO PAUCITY OF GOVERNMENT/GAON SABHA LAND, IT WAS DECIDED NOT TO HAVE ANY GROWTH CENTRE IN RAJOKARI AND IT WAS DECIDED TO SET UP A GROWTH POINT AT SAMALKHA. THE GOVERNMENT ISSUED A NOTIFICATION UNDER SECTION 4 READ WITH SECTION 17(1) OF THE LAND ACQUISITION ACT ACQUIRING THE LAND OF VILLAGE B SAMA









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