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1964 Supreme(All) 77

JAGDISH SAHAI
Baldeo Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
V. K. S. Chaudhry, for the Petitioners; Sirish Prasad, for Opposite Parties.

Judgement

ORDER :- This writ petition which has been filed on behalf of Baldeo Singh, Mamraj Singh and Smt. Triveni is directed against the land acquisition proceedings pending in respect of a plot of land which is covered by Leeche and mango trees and forms an orchard. The notification under S. 4 of the Land Acquisition Act (hereinafter referred to as the Act) was published in the U.P. Gazette dated November 17, 1962. In this notification there is also a reference to a direction made by the State Government applying the provisions of S. 17(1) of the Act and rendering the provisions of S. 5-A of the Act inapplicable. That part of the notification reads :-

"The Governor being of the opinion that the provisions of Sub-S. (1) of S. 17 of the said Act are applicable to the said Section to direct that the provisions of S. 5-A of the Act shall not apply."

The composite notification under Ss. 4 and 17, mentioned above, is dated October 22, 1962. This was followed by a notification dated November 17, 1962, under S. 6 of the Act which was published in the State Gazette dated November 24, 1962. In the composite notification under S. 4 read with S. 17(1) of the Act referred to above, the purpose



























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