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2011 Supreme(SC) 450

G.S.SINGHVI, ASOK KUMAR GANGULY
Banda Development Authority, Banda – Appellant
Versus
Moti Lal Agarwal – Respondent


JUDGMENT

G.S. Singhvi, J. —

1. Leave granted.

2. The question which arises for consideration in this appeal is whether the Division Bench of the Allahabad High Court was justified in entertaining and allowing the writ petition filed by respondent No.1-Moti Lal Agarwal in 2008 for nullifying the acquisition of his land by the State Government vide notification dated 8.9.1998 issued under Section 4(1) read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894 (for short, “the Act”) which was followed by declaration dated 7.9.1999 issued under Section 6(1) read with Section 17(1) on the ground of non passing of award within the time prescribed under Section 11A.

3. By the notifications referred in the preceding paragraph, the State Government acquired 103 bighas land situated in Ladakapurwa and Bhawanipur villages, Pargana and District Banda for Tulsi Nagar Residential Scheme of the Banda Development Authority (for short, “the BDA”). Both the notifications were published in the manner prescribed under Sections 4(1) and 6(2) respectively.

4. On 5.6.2000, the Secretary of the BDA deposited Rs.63,47,855.07 towards 80% of the compensation payable in lieu of the acquisition of 10




































































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