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2012 Supreme(All) 1099

B.AMIT STHALEKAR
RAMJI DAS – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
B.C. Rai for the Petitioners; B.D. Mandhyan, Tarun Gaur, Satish Mandhyan, Satish Pandey and C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—This writ petition has been filed by the the petitioners challenging the order dated 20.9.2007 passed by the District Judge, Muzaffarnagar while deciding the Land Acquisition Reference No. 416 of 2003 (Reference). These acquisition proceedings leading upto the Reference have had a long and chequered history.

2. A notification under Section 4 (1) of the Land Acquisition Act, 1894 (the Act) was issued by the Government of Uttar Pradesh on 30.10.1975 which was published in the official gazette on 29.11.1975. This acquisition was for an area covering 102 bighas and 12 biswas of land comprising Revenue Estate of three villages namely (i) Kukra, (ii) Yusufpur and (iii) Sarwat, Pargana Muzaffarnagar, District Muzaffarnagar.

3. This notification covered the tenure holding of the petitioner No. 1 alongwith one Nand Lal in the Revenue Estate of village Kukra bearing Khasara No. 345/0-5-0, 346/0-5-0, 357/1-11-0, 358/1-6-0, 359/1-1-0,362/1-8-0, 364/0-17-0, 365/1-0-0, 368/1-10-0 and 369/0-13-0 (total area 10/9-16-0).

4. A writ petition was filed by the original tenure holders i.e. petitioner No. 1 and Nand Lal being Writ Petition No. 590 of 1976 challenging

























































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