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2011 Supreme(All) 2328

AMITAVA LALA, ASHOK SRIVASTAVA
RAJENDRA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
A.B. Saran, Shashi Nandan, Vidhu Prakash Pandey, S.S. Shukla, Amit Krishan, Satyendra Kumar Mishra, Abhishek Tripathi, Anil Sharma, A.K. Mishra, A.N. Mishra, Santosh Tripathi, Deepak K. Jaiswal, Dheeraj Singh Bohra, S.K. Tyagi, Anil Kumar Ojha and Rajendra Singh for the Petitioners; J.N. Mathur for the State-Respondents; M.C. Chaturvedi, C.S.C., Ramanand Pandey, Dr. Y.K. Srivastava, Navin Sinha, Ashwani Kumar Misra for the Respondents- Ghaziabad Development Authority.

JUDGMENT

Hon'ble Amitava Lala, J.—All the aforesaid writ petitions being connected have been placed before this Court, therefore, the same have been heard analogously and are being decided by this common judgment.

2. Petitioners in all the aforesaid writ petitions describe themselves to be owners and/or possessors of the respective lands in different villages of District Ghaziabad. The common submission of all the petitioners is that their lands have been acquired under the impugned notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter in short called as the ‘'Act') for the purpose of developing Hi-Tech Township without proper notice to them. It has further been contended that there is no necessity to invoke the urgency clause of acquisition as provided under Section 17 (4) of the Act dispensing with provisions of Section 5-A of the Act. Therefore, they have been deprived of submitting their objections to the proposed acquisition.

3. Mr. A.B. Saran, learned Senior Counsel, and Mr. Shashi Nandan, learned Senior Counsel (who has subsequently withdrawn his writ petition) duly assisted by other learned Counsel appearing for the petitioners have cont










































































































































































































































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