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2017 Supreme(SC) 1291

ARUN MISHRA, MOHAN M.SHANTANAGOUDAR
Lal Bahadur – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kavin Gulati, Mr. Aniruddha P. Mayee, Mr. Avnish Oza, Ms. Apoorwa Garg, Mr. Rakesh Dwivedi, Mr. P.V. Yogeswaran, Mr. A.P. Mayee, Mr. Avnish Oza
For the Respondents: Mr. Gunnam Venkateswara Rao, Mr. Vivek Singh, Mr. Amit Anand Tiwari, Mr. Abhisth Kumar, Mr. Vikrant Yadav, Mr. Gaurav Dhingra, Mr. M.C. Dhingra, Mr. D.K. Singh, Mr. Ardhendumaulu Kumar Prasad, Ms. Komal Mundhra, Mr. Saurabh Agrawal

ORDER :

1. The appeals have been preferred as against the judgment and order passed by the High Court of Allahabad, Bench at Lucknow, deciding two Writ Petitions by the common order dated 08.02.2006 questioning the change in master plan 2021 and land acquisition proceedings.

2. The facts, in short, unfolds that the area in question was reserved for green belt in the master plan that was prepared in the year 1995. A fresh master plan was prepared and approved on 31.03.2005. The area was changed from green belt to residential one on the prayer being made by the Lucknow Development Authority. Surprisingly the act was done in tandem, the date on which the master plan was modified, the area in question was changed from green belt to the residential one. On the same day, a notification had been issued under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 (in short 'the Act'). A corrigendum was issued on 05.05.2005 and later on 24.10.2005 that shows the notification had been issued under Section 4(1), 17(1) of the Land Acquisition Act in utter haste. A declaration under Section 6 was issued on 24.10.2015.

3. The area to be acquired in the notification under Section 4 w































































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