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1961 Supreme(All) 38

JAGDISH SAHAI
BARU MAL JAIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
S.N.KACKAR, SHANTI BHUSHAN

JAGDISH SAHAI, J.

( 1 ) IT is not necessary to narrate all the allegations made in the affidavit, the counter-affidavit, the supplementary affidavit and the rejoinder-affidavit filed in this case. For the purposes, of the decision of this petition the following admitted facts alone are material:

( 2 ) THE petitioners were the owners of certain plots of land measuring 5 bighas and 5 biswas situated in the Civil Lines of the town of Muzaffarnagar. On the request of the respondent No. 4 the District Exhibition Committee, Muzaffarnagar (hereinafter called the Committee), proceedings for acquiring the plots mentioned above were started and notifications under sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act) were issued, and proceedings for payment of compensation were also started. The Land Acquisition Officer, who in this particular case is not the Collector and District Magistrate of Muzaffarnagar but a Deputy collector, held an enquiry under Section 11 of the Act and not only prepared but also signed an award. Purporting to act under section 12 (2) of the Act as amended by U. P. as also under paras 430 and 497 of the Manual of Government Orders of U. P














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