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2012 Supreme(All) 2982

AMITAVA LALA, P.K.S.BAGHEL
RAJENDRA TYAGI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Samir Sharma for the Petitioner; Ashwani Kumar Misra, D.K. Tiwari, Ramanand Pandey, S.C., Brijesh Dubey, Prem Chandra, V.K. Tewari, U.K. Tiwari and M.S. Piparsenia for the Respondents.

JUDGMENT

By the Court.—This public interest litigation has been filed by the petitioner claiming himself to be a public spirited citizen and also elected Nigam Parshad and Member of the Ghaziabad Development Authority Board.

2. The case of the petitioner as of now is that Village Dunda Hera, Pargana Loni, Tehsil and District Ghaziabad (in short called as the “village in question”) is situated on National Highway No. 24, which connects New Delhi to Lucknow. The distance of village in question from New Delhi is about 20 Kms. The land in the village in question is having present market rate of Rs. 20,000/- per square meter and above. The respondent No. 7, which is a real estate company, has itself purchased the land in the village in question in the year 2009 and paid stamp duty @ Rs. 12,000/- per square meter under various sale-deeds. On 11th August, 1954 the State Government issued a notification, whereby the land in the village in question was vested in the then Ghaziabad Nagar Palika, now Ghaziabad Nagar Nigam, upon abolition of zamindari by virtue of Section 117(1) of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (in short “Act, 1950”). On 29th January, 1972 a not























































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