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1973 Supreme(All) 106

SATISHCHANDRA, N.D.OJHA
Prabhu Lal – Appellant
Versus
Special Land Acquisition Officer – Respondent


Advocates:
S.W. Misra and S.K. Tewari, for Appellants; N.D. Pande Standing Counsel, for Respondents.

Judgement

N.D. OJHA, J. :- This special appeal has been filed against the judgment of a learned Single Judge dismissing a writ petition filed by the appellants challenging acquisition of their plots and the assessment of compensation. The Improvement Trust of Allahabad framed a scheme under the U. P. Town Improvement 649 Act, 1919 (hereinafter referred to as the Act). The scheme was known as South Housing Scheme, Part II. The relevant notification under Sections 36 and 42 of the Act were published on 23-6-1928 and 8-7-1936 respectively. The scheme was being executed in part from time to time and notice under Section 9 of the Land Acquisition Act was issued on 30-8-1961, in so far as the plots belonging to the appellants are concerned. An award was given on 25-9-1961 and a reference in regard to the amount of compensation made to the Nagar Mahapalika Tribunal is said to be still pending. The compensation, however, was awarded on the basis of the market value of the land in 1928 when the notification under Section 36 was issued. The writ petition was pressed on various grounds. None of them, however, found favour with the learned Single Judge and the writ petition was dismissed. The

































































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