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2004 Supreme(SC) 364

S.RAJENDRA BABU, A.R.LAKSHMANAN, G.P.MATHUR
KIRAN TANDON – Appellant
Versus
ALLAHABAD DEVELOPMENT AUTHORITY – Respondent


Judgment

G.P. MATHUR, J.- These appeals are directed against the judgment and

decree dated 19-12-1997 of the Allahabad High Court by which two first appeals preferred by the Allahabad Development Authority were partly allowed and the award made by the Additional District Judge was modified.

2. At the instance of the Allahabad Development Authority (hereinafter referred as ADA) the State Government took steps to acquire propertybearing No.2, Circular Road, in the city of Allahabad having an area of about 4 bighas. The preliminary notification under Section 4( 1) of the Land Acquisition Act (hereinafter referred to as "the Act") was published in the gazette on 7-1-1987 and it was recited therein that the land is being acquired for a public purpose, namely, for construction of residential flats by ADA and in view of urgency, the provisions of Section 17 were being invoked. TheSpecial Land Acquisition Officer (hereinafter referred to as "SLAO") made an award for the acquired land on 15-6-1987 and further directed that the compensation payable for the building and the trees standing thereon shall be determined subsequently after their valuation had been ascertained. The question of appor





















































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