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2008 Supreme(All) 2137

SUDHIR AGARWAL, ANJANI KUMAR
JAGRITI SAHKARI AVAS SAMITI LTD. , GHAZIABAD – Appellant
Versus
STATE OF U. P – Respondent


Advocates:
Counsel :
S.P. Gupta, B.D.Mandhyan, Munna Pandey, A.K. Srivastava, B. Dayal, R.P. Singh and V.K. Bist for the Petitioners; U.S. Awasthi, A.P. Singh, M.C. Chaturvedi, S.C. for the Respondents.

JUDGMENT

By the Court.—The petitioner No.1, Jagriti Sahkari Awas Samiti Limited Ghaziabad through its Secretary Sri Raja Ram Pandey who has also joined as petitioner No. 2, have filed this writ petition under Article 226 of the Constitution of India, aggrieved by the Notifications dated 10th March, 1988 issued by the State Government under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the ‘Act’) and dated 8th July, 1988 published under Section 6 of the Act for acquisition of certain land mentioned therein situate at village Makanpur, Pargana Loni, District Ghaziabad for Planned Industrial Development through New Okhla Industrial Development Authority (hereinafter referred to as the NOIDA’). They have also sought a writ of certiorari for quashing notice dated 19th January, 1989 issued under Section 9 of the Act. A writ of mandamus restraining the respondents from interfering with the ownership, possession and use of the land in dispute has also been sought in the present writ petition.

2. The facts in brief giving rise to the present dispute are; the petitioner a Cooperative Housing Society got itself registered in accordance with the provisions of U.P. Coop





































































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