A.M.SAPRE, R.SUBHASH REDDY
Hori Lal – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is directed against the final judgment and order dated 09.03.2017 of the High Court of Judicature at Allahabad in Writ Petition No.44731 of 2016 whereby the Division Bench of the High Court dismissed the writ petition filed by the appellant herein.
3. A few relevant facts need mention to appreciate the short controversy involved in this appeal.
4. The appellant herein was the writ petitioner whereas the respondents herein were the respondents in the writ petition filed before the High Court out of which this appeal arises.
5. In exercise of the powers conferred under Section 4 (1) of the Land Acquisition Act, 1894 (for short called “the Act 1894”), the State of UP (respondent No.1 herein) issued a notification on 30.10.2002 (Annexure P-1) for acquisition of lands as detailed in the schedule to the notification.
6. The acquisition was for the public purpose, namely, construction of Varanasi Bye-Pass (Ring Road) in District Varanasi. The State, however, invoked the urgency clause under Section 17 and, therefore, dispensed with the inquiry as provided in Section 5-A of the Act, 1894. This was followed by a declaration made u
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