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2009 Supreme(All) 3340

RAN VIJAI SINGH, SUNIL AMBWANI
U. P. AWAS EVAM VIKAS PARISHAD – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Shree Kant for the Petitioners; L.P. Singh and S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Sri Shree Kant, learned counsel for the petitioners. Learned Standing Counsel appears for State respondents. Shri L.P. Singh appears for the private respondents.

2. The U.P. Awas Evam Vikas Parishad was established under Section 3 of the U.P. Awas Avam Vikas Parishad Adhiniyam, 1965 (in short the Adhiniyam) as a body corporate with a right to acquire, hold and dispose of property for the purposes of development of housing activity in the State of Uttar Pradesh. Section 28 of the Adhiniyam authorises the board to prepare a notice after framing a housing or improvement scheme with all its details to be published in the official Gazette inviting objections under Section 30 of the Adhiniyam. The scheme may be abandoned, modified and sanctioned under Section 31 and commences under Section 32 of the Adhiniyam. Section 55 of the Adhiniyam gives power to the board to acquire any land or any interest therein after following the procedure provided under Sections 28 to 37 of the Adhiniyam. Section 28 and 32 are pari materia to Sections 4 and 6 of the Land Acquisition Act, 1894 (the Act). Section 55 provides that any land or any interest therein required by the boar





















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