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1997 Supreme(All) 1444

G.P.MATHUR, S.P.SRIVASTAVA
MAHESH CHAND GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent



G. P. HATHUR, J.

( 1 ) THIS petition under Article 226 of the Constitution has been filed praying that a writ of mandamus be issued directing the respondents to pay compensation to the petitioners which had been determined under Section 28a of the Land Acquisition Act (hereinafter referred to as the act ).

( 2 ) THE affidavits filed by the parties show that three persons, namely, Ram Singh, Mahendra singh and Hukum Singh were tenureholders of plot Nos. 351, 358, 360/4 and 361/3 of village gailana Mustquil, pargana Sadar, district Agra. The aforesaid plots along with number of other plots were acquired by the State of U. P, for the purpose of construction of 400 Kv. Sub-Station by the U. P. State Electricity Board. The Notifications under Section 4 (1) and Section 6 of the act read with Section 17 were published in the Gazette on 17. 4. 1982. The possession of the land was taken by the Collector on 21. 7. 1982. The S. L. A. O, in L. A. Case No. 19 of 1982 made an award under Section 11 of the Act on 24. 6. 1986. One of the co-owners of the plots, namely. Ram singh who had l/3rd share. executed a sale deed of his existing rights in favour of Gopal Singh, sobaran Singh and Mahesh Kuma























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