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1972 Supreme(All) 269

M.N.SHUKLA, K.N.SETH
Business Co-operation Ltd. Ghaziabad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Shanti Bhusan and K.C. Aggrawal, for Appellant; Standing Counsel, for Respondent.

Judgement

K.N. SETH, J. :- This appeal arises out of proceedings for the acquisition of about 67 bighas (1,73,677 square yards) of land situated within the Municipal limits of Ghaziabad. A resolution was passed by the Municipal Board, Ghaziabad, on 12th October, 1941 to acquire the aforesaid land for the improvement and expansion of Ghaziabad town. This resolution was not given effect to due to various conflicting forces working within the Municipal Board. The Municipal Board again passed a resolution on 15th February, 1946 for the acquisition of the aforesaid land under Sections 8 (1) (a) and 117 of the U. P. Municipalities Act and a notification dated 18th December, 1946 under Section 4 of the Land Acquisition Act was published in the Gazette dated 21st December, 1946. The notifications under Sections 6 and 17 were published in the Gazette dated 15th March, 1947 and possession of the land was taken on 5th February, 1948.

2. The appellant society was registered under the Registration of Societies Act and the certificate of Corporation was issued on 28th August, 1945. One of the objects of the Society was to acquire land, buildings and other properties by purchase, lease, mortgage, e






















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