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2012 Supreme(SC) 469

FAKKIR MOHAMED IBRAHIM KALIFULLA, G.S.SINGHVI
GARG WOOLLEN PVT. LTD. – Appellant
Versus
STATE OF U. P. – Respondent


JUDGMENT


1. This appeal is directed against order dated 09.09.1997 by which the Division Bench of the Allahabad High Court dismissed the writ petition filed by the appellant for quashing the acquisition of its land.


2. The appellant purchased the land comprised in Khasra No.262 of village Central Hope Town, Tehsil and District Dehradun by registered sale deed dated 19.10.1984 for setting up an industrial unit. Its name was mutated in the revenue records on 25.01.1985.


3. The Government of Uttar Pradesh issued notification dated 8.5.1985 under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (for short, 'the Act') for the acquisition of over 250 acres land including the land purchased by the appellant for planned development of industrial area in District Dehradun through the agency of Uttar Pradesh State Industrial Development Corporation (UPSIDC). The declaration under Section 6 was issued on 09.05.1985. Special Land Acquisition Collector, Dehradun passed award dated 22.11.1986. He took cognizance of the fact that industries were existing on some portions of Khasra Nos. 235 to 238 and 262 of which possession had not been taken and observed:


"On the date of

























































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