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1982 Supreme(All) 673

SATISHCHANDRA, A. N. VERMA
Luxmichand – Appellant
Versus
State of U. P. – Respondent


Advocates:
H.S. Nigam, for Petitioners; S.N. Upadhya and V.B. Singh, for Respondents.

Judgement

A. N. VARMA, J.:- The petitioners are the tenure-holders of certain agricultural plots of land in respect of which the State Government on 11th of October, 1978 issued a Notification under Section 4 of the Land Acquisition Act. The Notification under S.6 of the Land Acquisition Act was published on 11th of November, 1978. The petitioners challenged the validity of these Notifications on two grounds. The first submission was that the case was not one of urgency and the State Government had no jurisdiction to exclude the provisions of S.5-A of the Land Acquisition Act so as to exclude objections by the tenure holders. The second ground is that the acquisition was bad for non-compliance of second proviso to S.6 (1) of the Land Acquisition Act. In the Notification issued under Section 4, it was stated that since the case was of urgency, the provisions of S.5-A are excluded. The purpose of acquisition was stated to be for construction of a godown for the Central Warehousing Corporation at Pilkhani, district Saharanpur. Learned counsel stresses that the recommendation by the District Magistrate for acquisition of land for the Corporation was made somewhere on 9th of Feb., 1978.
















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