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1960 Supreme(All) 12

D.S.MATHUR
GUR DAYAL – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
B.L.Kaul, Inayatullah, M.M.LAL, NIAMATULLAH, SARASWATI PRASAD

D. S. MATHUR, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India, by Gur Dayal and 41 others for the issue of a writ of mandamus, certiorari or any other appropriate writ, order, or direction to restrain the respondents, namely, the State of Uttar Pradesh, the Administrator, Municipal Board, lucknow, and the Land Acquisition Officer, Lucknow Improvement Trust, Lucknow, from continuing the proceeding for the acquisition of houses and land mentioned in the notices purporting to be under Section 9 (3) of the Land Acquisition Act, 1894, and to quash the orders under which these notices were issued.

( 2 ) IN view of a few material questions involved in the case which are favourable to the petitioners it is not necessary to refer to all the facts which have been given by the parties in their affidavits, nor is it necessary to make a reference to the various documents annexed by them to their affidavits. For example, it is not necessary to express any opinion as to whether the land being acquired could or could not be transferred to the Municipal Board for carrying out the scheme known as Lucknow Municipal Board Mahanagar Housing Scheme, and whether the purpose of
















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