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2006 Supreme(Del) 1144

SWATANTER KUMAR, S.L.BHAYANA
P. C. KHANNA – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
N.S.VASISHT, SACHIN NAVANI, SANJAY PATHAK, SANJAY PODDAR


SWATANTER KUMAR, J.

( 1 ) THE petitioner on the strength of Articles 14 and 16 of the Constitution of India is demanding parity in relation to allotment of ?land in lieu of acquired land? as was done in the case of acquisition of property at 26, Alipur Road, Sham Nath Marg, Delhi. In other words, the petitioner prays for issuance of a direction to the respondents requiring them to allot to petitioner 798 square meter of land in the Lucknow Road, (Mall Road), Delhi as an alternative to award of compensation in terms of the provisions of Land Acquisition Act. The emphasis is that in the adjacent property to that of the petitioner i. e 26 Alipur Road, Sham Nath Marg the respondents have given to the owner of the property, M/s Jindal Pipes Ltd. equal land to the acquired land on the adjoining Lucknow Road (Mall Road) and not only this, in addition to grant of land even some compensation has been paid to that party and now the respondents cannot treat the petitioner differently and otherwise also his case is similar to that of M/s Jindal Pipes Ltd. To examine the merit of this patently simple but giving rise to some complex issue, it would be appropriate to refer to the basic facts.

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