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2008 Supreme(All) 537

SUNIL AMBWANI, S.U.KHAN
SUDHIR CHANDRA AGARWALA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ravi Kant for the Petitioner; Pradeep Kumar and Zafar Naiyer, Addl. Advocate General for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—The petitioner is a Senior Advocate practicing in Supreme Court of India. By this writ petition he is enforcing his legal and constitutional rights under Art. 226 of the Constitution of India, to quash the acquisition of large area of land (373.218 hectrs.) by the Government of Uttar Pradesh for Greater Noida Industrial Development Authority (GNIDA), including a farm house purchased by him in Khasra Plot No. 160 (area 0.7830 hectrs. equivalent to 3 bigha 1 biswa and 80 biswansis) in Village Tushiana, Pargana & Tehsil Dadri, Distt. Gautam Budh Nagar. He is recorded as tenure holder of the land in Khatauni (records of title) of the year 1409-1414F. (2002-2007 A.D.). The challenge to the powers of ‘eminent domain’ by the State is on the grounds that there was no public purpose and in fact no need at all for acquisition of the land. The invocation of urgency clause in the Land Acquisition Act, 1894 (the Act) dispensing with the enquiry under Section 5A and under Section 17 (4) of the Act, in the proposal to acquire the land under Section 4 of the Act was mechanical exercise of executive power without application of mind, to the need to dispense with the ri





















































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