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2023 Supreme(P&H) 170

SURESHWAR THAKUR, KULDEEP TIWARI
Harminder Singh – Appellant
Versus
U. T. Chandigarh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Rajiv Kataria.
For the Respondents: Sanjiv Ghai, Parminder S. Kaul.

JUDGMENT :

SURESHWAR THAKUR, J.

1. Through the instant petition, the petitioners challenge the validity of a notification, as became issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter for short called as the ‘Act of 1894’). Moreover, the petitioners also make a challenge to the validity of issuance of a notification under Section 6 of the ‘Act of 1894’.

2. The above notifications became respectively issued on 31.01.1992 (Annexure P-3) and on 29.01.1993 (Annexure P-4).

3. The makings of the above notifications resulted in an award becoming pronounced on 10.09.1998 (Annexure P-5) by the Land Acquisition Collector, U.T. Chandigarh. Therefore, the said award is also asked to be quashed and set aside.

Submissions of the learned counsel for the petitioners.

4. The learned counsel for the petitioners contends, that the acquired land measuring 4 kanals 3 marlas, as is enclosed in Khasra No. 60//40 in Hadbast No. 375, Manimajra, is situated in a thickly populated area surrounded by houses and shops. Therefore, it is contended that the parcel of land (supra) was not required to be subjected to acquisition.

5. The learned counsel for the petitioners, has also argued, that since in

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