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2009 Supreme(SC) 1248

S.B.SINHA, CYRIAC JOSEPH
National Thermal Power Corporation Ltd. – Appellant
Versus
Mahesh Dutta – Respondent


Appearing Advocates:
For the Appearing Parties:Raju Ramachandran, Kailash Vasudev, Ranjit Kumar, Rakesh Dwivedi, Sr. Advocates, Ms. Geetanjali Mohan, Jamshed Bey, Parmanand Gaur, Ankur Saigal, Ms. Bina Gupta, Gaurav Singh, Ms. Binu Tamta, Ms. Mukti Chowdhary, Shantanu Krishnan, R.K. Gupta, Manoj Kr. Dwivedi (for Gunnam Venkateswara Rao), Naresh K. Sharma, Kamlendra Mishra (NP), Ashok K. Srivastava (NP), Advocates.

Judgment :-

S.B. Sinha, J.

1. As all the cases involve similar questions of fact and law, they were taken up for hearing together and are being disposed of by this common judgment.

2. We may, however notice the fact of the matter involved in Civil Appeal Nos.6228-6229 of 2002.

Appellant is a Government of India Undertaking (NTPC). It is engaged in the business of generation of electricity. It, for the purpose of setting up of a Thermal Power Station at Village Sarna in the District of Ghaziabad in the State of Uttar Pradesh, submitted a proposal to the State of Uttar Pradesh for acquisition of lands situated in Village Dadri, Tehsil Ghaziabad, District Ghaziabad.

3. Pursuant or in furtherance of the said request, a Notification was issued in terms of Section 4 of the Land Acquisition Act, 1894 (for short `the Act) notifying the intention of State to acquire 105 Bighas 2 Biswas and 16 Biswanis (equivalent to 65.7125 acres) of lands situated at the aforementioned village. It was published in the Official Gazette on 8th September, 1984.

4. On the premise that generation of electricity was extremely urgent and National Capital Region faced acute shortage of electricity, the emergency






















































































































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