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2008 Supreme(All) 2323

ASHOK BHUSHAN, ARUN TANDON
LAKHAMI – Appellant
Versus
STATE OF U. P – Respondent


Advocates:
Counsel :
V.P. Rai for the Petitioner; Pradeep Kumar for the Respondent No. 5, Standing Counsel for the Respondents No. 1 to 4.

JUDGMENT

By the Court.—Short counter affidavit filed today be taken on record.

2. Heard Sri V.P. Rai, learned counsel for petitioner, Sri Pradeep Kumar, learned counsel for respondent No. 5 and learned Standing Counsel for respondent Nos. 1 to 4.

3. With the consent of the parties these writ petitions are being disposed of at this stage without calling for any further affidavits.

4. Since the basic facts, relevant for decision of the dispute raised in all these writ petitions are more or less identical, and legal aspects involved are also identical, they are being decided by this common judgement. The facts recorded in Civil Misc. Writ Petition No. 43054 of 2008 are being stated for the purposes of present judgement treating the same to be the leading case.

5. This writ petition has been filed for quashing the notifications dated 31st August, 2007 [issued under Section 4 read with Section 17 (1) and 17 (4)] and dated 27th February, 2008 (issued under Section 6 of the Land Acquisition

Act).

6. Learned counsel for the petitioner challenging the aforesaid notifications has contended that there was no material with State Government to dispense with the enquiry under Section 5-A. He submi











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