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1978 Supreme(All) 209

HARI SWARUP, K.S.VERMA
MOHAMMAD ALI KHAN – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER LUCKNOW NAGAR MAHAPALIKA LUCKNOW AND OTHERS – Respondent


This petition has been filed to challenge the validity of the Aliganj Street and City Expansion Scheme, an Improvement Scheme framed under the Nagar Mahapalika Adhiniyam by the Nagar Mahapalika, Lucknow and subsequently adopted by the Lucknow Development Authority constituted under U. P. Urban Planning and Development Act, 1973. The petitioner has challenged the validity of acquisition on various grounds. Some of the grounds raised by the learned counsel were the same which were considered by us in Writ Petn. No. 137 of 1974 (Mahabir Singh Kotwal v. Lucknow Nagar Mahapalika) and Writ Petn. No. 973 of 1973 (Jhau Lal v. Nagar Mahapalika Lucknow) reported in AIR 1977 All 504. The learned counsel has adopted the arguments which had been raised in those two petitions and in view of our judgments has not taken us over again through those grounds. Our judgment in respect of those grounds is the same as given in earlier judgments.

2. The petitioner has raised two additional grounds in this case. The first ground is that the petitioner was not given an opportunity of hearing as contemplated by Ss. 357/358 of the U. P. Nagar Mahapalika, Adhiniyam which are equivalent to S. 5-A of the Land Ac


























































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