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1980 Supreme(All) 533

N.D.OJHA, P.S.GUPTA
ADARSH NAGAR CO-OPERATIVE HOUSING SOCIETY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
G.P.DIXIT, S.M.TRIPATHI

N. D. OJHA, J.

( 1 ) ADARSHA Nagar Coop. Housing Society Ltd. , Kanpur, the petitioner, is a society registered under the U. P. Co-operative Societies Act, 1965. Certain plots purchased by this society and owned by it were sought to be acquired by the respondents. A notification under Section 4 of the land Acquisition Act (hereinafter referred to as the Act) was accordingly issued on 8th Jan. , 1973, a copy where of has been filed as Annexure D to the writ petition. This notification indicates that the public purpose for which the land was sought to be acquired was "construction of residential quarters for the Married Air Force Personnel". This notification also stated that since the matter was one of urgency the provisions of Section 5-A of the Act will not be applicable. On the other hand the provisions of Section 17 (1) of the Act were applied. Subsequently on 23rd Jan. , 1973 a notification under Section 6 of the Act was issued. It is these two notifications which are sought to be quashed in the present writ petition.

( 2 ) THREE submissions were made by Counsel for the petitioner-- (1) that the land sought to be acquired was neither waste nor arable and consequently Section 17











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