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1965 Supreme(All) 72

K.B.ASTHANA
Dau Dayal – Appellant
Versus
State of U. P. – Respondent


Advocates:
S.C. Khare and N.B. Nigam, for Petitioners; V.K.S. Chaudhry, for Respondents; Union Standing Counsel, for the State.

Judgement

ASTHANA, J. :- The petitioners are the enure holders of plots No. 74, .99 acres in area and Nos. 58, 59 and 73, 2.6 acres in area situate in mauza Hamirpur, Pargana Hamirpur, district Hamirpur. It appears that the said plots lie almost in the abadi of Hamirpur Town. A Co-operative Society known as the Co-operative Housing Society Limited has been formed by certain persons whose object is to construct residential houses for its members on no profit, no loss basis. The said society applied to the State Government to acquire land for it for the purpose of fulfilling its object of constructing houses. By a notification under Sub-S. (1) of S. 4 of the Land Acquisition Act, 1894, dated July 8, 1957 published in the Uttar Pradesh Gazette, dated 13th July 1957, the Collector of Hamirpur notified for general information that the abovesaid plot No. 74, .99 acres in area was needed for a public purpose. This notification against the heading for what purpose required' mentioned for construction of buildings by Cooperative Housing Society Limited, Hamirpur. A similar notification with regard to the above-said plots numbers 58, 59 and 73, dated 9-1-1957 was published in the Uttar Prades



































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