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2004 Supreme(SC) 1248

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
KANPUR DEVELOPMENT AUTHORITY – Appellant
Versus
MAHABIR SAHKARI AWAS SAMITI LTD. – Respondent


ORDER

1. These appeals are by the Kanpur Development Authority and the State of Uttar Pradesh aggrieved by the orders dated 26-3-1999 and 6-4-1999.

2. A vast extent of land was proposed to be acquired for the development of new Kanpur city by the Kanpur Development Authority. The respondent landowners approached the High Court challenging the acquisition proceedings in respect of their lands. By the impugned orders, the High Court quashed the notifications issued under Sections 4( 1) and 6( 1) of the Land Acquisition Act, 1894 (for short "the Act") finding fault that no opportunity was given to the respondents in the enquiry said to have been held under Section 5-A of the Act. To arrive at such a conclusion, as can be seen from the impugned orders, the High Court took note of the fact that 24-3-1997 was a gazetted holiday but the Special Land Acquisition Officer had filed an affidavit stating that it was a restricted holiday. However, it was ultimately found by the High Court that it was a gazetted holiday and not a restricted holiday. The High Court also took note of another fact that no fixed date was given for hearing the objections and having regard to the affidavits filed in t





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