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2018 Supreme(SC) 470

ARUN MISHRA, UDAY UMESH LALIT
Raj Kumar Gandhi – Appellant
Versus
Chandigarh Administration – Respondent


JUDGMENT :

Arun Mishra, J.

1. The appeals have been filed aggrieved by the judgment and order passed by the High Court, dismissing the writ petitions filed to question the land acquisition made with respect to Scheme No.3, Pocket No.8.

2. A notification under section 4 of the Land Acquisition Act, 1894 (for short, “the Act”) was issued on 31.1.1992. Public purpose mentioned was for the development of residential cum commercial complex in scheme No.3. Declaration under section 6 of the Act was issued on 29.1.1993. The petitioners filed a writ petition on 28.7.2004 questioning the acquisition as well as the award dated 5.3.2003. According to the petitioners it was passed after the lapse of three years of the notification issued under section 6 of the Act after excluding the period of interim stay granted by the court. The acquisition had lapsed. The second ground raised to assail the award was that it was not approved by the appropriate Government but by the Advisor to the Administrator of Union Territory.

3. In the reply filed by the Chandigarh Administration, it was contended that as many as 31 writ petitions were filed challenging the said notifications issued under sections 4 and 6 r


























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