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2011 Supreme(SC) 1107

G.S.SINGHVI, SUDHANSU JYOTI MUKHOPADHAYA
Kailash N. Dwivedi – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Mrs. Rachna Gupta and Dr. Indra Pratap Singh, Advocates, for the appellants.
Mr. Pramod Swarup, Senior Advocate, Mr. Ameet Singh, Ms. Pareena Swarup, Mr. Manoj Dwivedi, Mr. Gunnam Venkateswara Rao, Mr. Ravi Prakash Mehrotra, Mr. Vibhu Tiwari, Mr. Pradeep Misra and Mr. Suraj Singh, Advocates, for the Respondents.

JUDGMENT

G.S. Singhvi, J.

1. These appeals are directed against order dated 08.07.1999 of the Division Bench of the Allahabad High Court dismissing the writ petitions filed by the appellants for issue of a mandamus to the respondents to release their land.

2. For the sake of convenience, we have taken the facts from the record of Civil Appeal No.2985 of 2001.

3. The appellants are said to be the owners of land measuring 14 Bighas 11 Biswas comprised in field Nos.595, 596, 599, 600, 603, 606, 619, 632 and 633 of village Gaujaini. By Notification dated 25.7.1959 issued under Section 53 of the Cawnpore Urban Area Development Act, 1945 (for short, 'the 1945 Act'), the competent authority notified the framing of Kalyanpur Panki Pandu Town Expansion and Green Belt Scheme No.40 (for short, 'the scheme'). The State Government sanctioned the scheme in December, 1959 and to this effect, Notification dated 23.12.1959 was issued under Section 60 of the 1945 Act.

4. With the enactment of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959 (for short, 'the 1959 Act'), Chapters II to XXV of which were brought into force on 1.2.1960, the 1945 Act stood repealed. However, the schemes framed under that A
















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