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1977 Supreme(All) 213

HARISWARUP, K.S.VARMA
Uma Shankar Dixit – Appellant
Versus
State of U. P. – Respondent


Judgement

HARI SWARUP, J. :- The petitioner claims to be a tenant of the accommodation. He got an allotment order under the provisions of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No. XIII of 1972) on 25-8-1976. In respect of this property proceedings for acquisition under the Land Acquisition Act had commenced by a notification under S. 4 of the Act in 1965. Final notification was issued in 1968 under S. 6 of the Act. The acquisition was for a company. The petitioner by a letter addressed to the Chief Minister of the State dated 29th Sept. 1976 requested that the property be released from acquisition, and also prayed for the stay of the acquisition proceedings. The award was given by the Collector on 4-8-1977. The present petition has now been filed.

2. The petitioner has challenged the acquisition proceedings and has further alleged that even if the proceedings be there, he cannot be ejected under S. 16 of the Land Acquisition Act.

3. So far as the question of the validity of acquisition is concerned, we do not think it is open to the petitioner to challenge them at this stage. The notification under S. 6 was issued as far back as in 1968. T






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