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1977 Supreme(All) 242

K.N.SINGH, K.C.AGRAWAL
Kailashwati – Appellant
Versus
State of U. P. – Respondent


Advocates:
Markanday Katju, for Petitioner; Standing Counsel for Respondents.

Judgement

K. C. AGARWAL, J. :- This writ petition challenges the notification dated 12-10-1976 issued under S. 4 read with S. 17 of the Land Acquisition Act (briefly stated as the Act ). The notification was issued by the State Government for acquiring a number of plots situated in village Hafizabad Mewala, district Meerut. Amongst the various plots mentioned in the said notification, one of them was plot No. 93, measuring 1 Bigha 9 Biswas. This plot belongs to the petitioner. The notification stated that the land mentioned therein was required for construction of a Market Yard by the Krishi Utpadan Mandi Samiti, Meerut (hereinafter referred to as the Mandi Samiti). As in the opinion of the State Government, the purpose for which the land was acquired was urgent, the Governor exercising his power under S. 17 (1) and (1-A) as well as sub-sec. (4) of the aforesaid section, dispensed with the proceedings under S. 5-A of the Act. This notification further contained a direction to Collector to take possession of the land mentioned in the Schedule before the award was given under S. 11 of the Act awarding compensation for the land mentioned therein.

2. The allegations made in the petition


















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