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2007 Supreme(All) 2251

B.S.CHAUHAN, RAKESH SHARMA
R. D. RAM – Appellant
Versus
RATAN KUMAR TANDON – Respondent


Advocates:
Counsel :
Shashi Nandan and Anoop Trivedi for the Petitioner; R.N. Singh and A.K. Rai for the Respondents.

JUDGMENT

Honble Dr. B.S. Chauhan, J.—This Special Appeal has been filed under the provisions of Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 against the order dated 6.8.2007 passed by the learned Single Judge in Civil Misc. Contempt Petition No. 3875 of 2005 rejecting the application for recall if its earlier orders dated 2.3.2007 and 16.3.2007.

2. This case has a chequered history, as two rounds of litigation have already been completed. The matter has gone upto the Honble Supreme Court twice and in spite of the fact that several orders have been passed by various Courts, the litigation is not coming to an end.

3. The facts and circumstances giving rise to this case are that the land in dispute, i.e. Bungalow 26/14, Hastings Road (Nyaya Marg), Allahabad, measuring an area of 22528 sq. meters stood notified under the provisions of Section 4(1) of the Land Acquisition Act, 1894 (hereinafter called the Act 1894) on 14.2.1986 and in respect of the same, declaration under Section 6 of the Act 1894 was made on 15.2.1986. As the land was urgently needed, provisions contained under Section 17 of the Act 1894 were invoked. Possession of the entire land was taken under Section






























































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