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1998 Supreme(All) 541

D.S.SINHA, R.K.MAHAJAN
RAGHUVANSH MISRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
A.K.Mishra, A.M.TRIPATHI, ASHOK BHUSHAN, D.S.TIVARI, H.C.KHARBANDA, Sri Ramesh Chandra

R. K. MAHAJAN, J.

( 1 ) THIS order will dispose of all the three writ petitions mentioned above as they involve common questions of fact and law.

( 2 ) THE emergency provision and other relevant provisions of Land Acquisition Act, 1894 (for short the Act) have been invoked for construction of 500 bedded hospital at Basti. The requisite Notification under Sections 4 (1} and 17 of the Act was issued on 27. 9. 90 and was published in Gazette oh 13. 10. 1990 and the Notification under Section 6 of the Act was issued on 8. 1. 3990 and was published in the Gazette on 24. 11. 1990. The Notifications under Sections 4 and 6 of the Act were also published in two daily newspapers in accordance with the Rules as mentioned in the counter affidavit.

( 3 ) IN these cases interesting questions has been raised from the point of view of the petitioners. The petitioners have challenged the impugned Notifications on the ground of articles 25 and 26 of the Constitution of India alleging that major portion of plot No. 121 has also been acquired whereas on that plot there was a temple of Lord Shiva along with six rooms of the size. of 14 x 9 and 1/2 for religious guests, worshippers, saints and mahatmas.
















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