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2021 Supreme(SC) 846

K.M.JOSEPH, S.RAVINDRA BHAT
Hamid Ali Khan (D) Through Lrs. – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant(s) :Abhay Kumar, Vijay Kumar, Kumar Milind, Shagun Ruhil, Advocates
For the Respondent(s):Ravindra Raizada, Saurav Singh Chauhan, Rajeev Kumar Dubey, Ashiwan Mishra, Kamlendra Mishra, Ravindra Kumar, Advocates

JUDGMENT :

K.M. JOSEPH, J.

1. The original appellants who stand substituted by their legal representatives unsuccessfully challenged notifications dated 11.4.2008 and 9.4.2009 issued under the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”). By virtue of the first notification the powers under Section 4 and 17(4) of the Act came to be invoked in regard to the property of the appellants. The Division Bench by the impugned judgment dismissed the writ petition.

2. A notification under Section 4(1) of the Act dated 8.10.2004 coupled with notification under 17(4) was issued in regard to 52.361 hectares of land for the construction of a residential colony under the name of Bulandshhar Khurja Development Authority, Bulandshehar. Plot No.881 and 914 belonging to appellants children were included. The appellants did not raise any objection as the requirement of Section 5A of the Act stood dispensed with. Declaration under Section 6 of the Act was published on 7.10.2005. It is the specific case of the appellants that despite the urgency clause being invoked, the possession was taken only in January 2006. The award was passed on 29.4.2009 only for plot 914 (belonging to the chi

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