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2006 Supreme(All) 2302

R.P.MISRA, PANKAJ MITHAL
KASHAMA SAHAKARI AVAS SAMITI LTD – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Manish Goyal and P.C. Jain for the Petitioners; Alok Kumar Singh, S.C. and Smt. Sarita Singh for the Respondents 1, 2, 3 and Pradeep Kumar and Atul Mehra for A.D.A.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The petitioner has assailed the notification dated 3.10.2005 (Annexure-1 to the writ petition) issued under Section 4(1) read with Section 17(1) and Section 17(4) of the Land Acquisition Act (hereinafter referred to as the Act). Primarily, as it would appear from the facts and discussions herein under, the petitioner has only attacked the notification issued under Section 17(1) and 17(4) of the Act by which the provisions of Section 5-A of the Act have been excluded and the petitioner’s right to file objections against the proposed acquisition has been taken away.

2. The petitioner is a Cooperative Housing Society duly registered under the U.P. Cooperative Societies Act. The petitioner for the purposes of developing land and promoting residential colony had purchased the land in dispute in the city of Agra. The petitioner for developing the said land had submitted a layout plan to the Agra Development Authority (hereinafter referred to as A.D.A.) for approval and when the same was not approved, the petitioner approached the High Court by filing a writ petition wherein vide order dated 6.10.2005 passed by this Court, directions were issued to the A.





























































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