V.G.OAK
BALAK – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent
( 1 ) BY this petition under Article 226 of the Constitution certain Government Notifications issued under the Land Acquisition Act are being challenged. The State of Uttar Pradesh issued a series or notifications to the effect that, certain land was to be acquired for construction of staff quarters in connection with the North Eastern Railway Headquarters Scheme. The first notification dated 2nd March 1959 was under Section 4 of the Land Acquisition Act (hereafter referred to as the Act), and related! to an area of 113. 78 acres. The second notification dated 16-4-1959 related to the same area of 113. 78 acres, and was issued under Section 6 of the Act. The third notification related to a small area of 2 acres, and was issued under Section 4 of the act. There are 60 petitioners. Their claim is that they are tenants of the land covered by the said notifications, and their land is being illegally acquired by the State Government. The petitioners have therefore prayed for a writ of mandamus commanding the opposite parties not to proceed with these land acquisition proceedings.
( 2 ) A counter-affidavit has been filed on behalf of the apposite parties. They have maintain
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