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1998 Supreme(All) 1063

P.K.JAIN, B.K.ROY
VAYU SENA HINDON SAHAKARI AVAS SAMITI LTD. – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
J.P.PANDEY, Krishna Mohan Misra, R.N.Singh, S.G.HASNAIN

P. K. JAIN, J.

( 1 ) THE petitioner society, registered under the U. P. Cooperative Societies Act, 1965, having its object to achieve and improve the social and economic conditions of its members through the common ownership and democratic management of the instrument of wealth. Only retired defence personnel and their dependents numbering 476 are its members. The society originally acquired 11 acres of land through an agreement with the tenure-holders. Later on the membership of the society increased and to meet the needs of the members. the society needed additional land for purposes of developing residential colonies for its members. Till the date of filing of the petition, the society acquired total 31. 5 acres of land through negotiations with tenure-holders. After developing the land, the plots of land have been allotted to its members and the sale deeds were got registered on various dates. A notice dated 7. 5. 1988 as contained in annexure-3 under Section 154 (2) read with Section 167, of the U. P. Z. A. and L. R. Act, (hereinafter referred to as the Act) was received by the petitioner from D. M. Ghaziabad. The petitioner instead of making a representation to the District M


























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