ASHOK BHUSHAN, S.U.KHAN, V.K.SHUKLA
GAJRAJ – Appellant
Versus
STATE OF U. P. – Respondent
No, this case does not address or state anything regarding whether the word "fraud" (or allegations of fraud) can be entertained in a consumer court. (!) (!) (!)
The judgment is a Full Bench decision of the Allahabad High Court under Article 226 of the Constitution, focusing exclusively on challenges to land acquisition notifications under the Land Acquisition Act, 1894 (including Sections 4, 6, 17(1), 17(4), and 5A), the U.P. Industrial Area Development Act, 1976, and the National Capital Region Planning Board Act, 1985. It deals with issues like invocation of urgency provisions, colorable exercise of power, delay/laches, vesting of land, third-party rights, and reliefs in writ petitions related to planned industrial development in Greater Noida and Noida areas. (!) (!) (!)
There is no reference to consumer courts, the Consumer Protection Act, 1986, consumer disputes, deficiency in service, unfair trade practices, or the entertainability of "fraud" claims in any consumer forum. Terms like "colorable exercise of power" or "fraud on power" appear in the context of administrative law and statutory interpretation for land acquisition (e.g., alleging misuse of statutory powers by authorities), not consumer law. (!) (!) (!)
This ruling provides no guidance or precedent on consumer court proceedings.
Hon’ble Ashok Bhushan, J.
Large scale acquisition of agricultural and Abadi land of farmers of different villages of Greater Noida and Noida of District Gautam Buddha Nagar in the name of planned industrial development is the subject matter of challenge in these 471 writ petitions. These writ petitions have been placed before this Full Bench under orders of Hon’ble the Chief Justice dated 6.8.2011 on a reference made by a Division Bench in writ petition No. 37443 of 2011 and other connected matters. Writ petition No. 37443 of 2011 challenges the notifications dated 12.3.2008 issued under Section 4 read with Sections 17(1) and 17(4) of Land Acquisition Act and notification dated 30.6.2008 by which declaration was made for acquisition of 589.188 hectares land of village Patwari. Similar notifications under Section 4 read with Sections 17(1), 17(4) and Section 6 of the Land Acquisition Act were issued with regard to different villages. Several writ petitions were filed challenging the land acquisition which writ petitions came for hearing before the Division Bench on 26
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