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2016 Supreme(All) 1354

SUDHIR AGARWAL, SHAMSHER BAHADUR SINGH
MADAN LAL AHUJA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
H.S. Nigam, Ajit Kumar, Arun Kumar, B.D. Mandhyan, Manu Saxena, Manish Goyal and G.K. Singh for the Petitioner; S.C., A.P. Paul, B.B. Paul, M.B. Singh, R.B. Singhal and Satish Chaturvedi for the Respondents.

JUDGMENT

By the Court.—Heard Sri Manish Goyal, learned counsel for petitioner, Sri A.P. Paul, learned counsel appearing for Allahabad Development Authority, learned Standing Counsel and perused the record.

2. This writ petition under Article 226 of the Constitution of India has been filed assailing notifications dated 21.1.1986 issued under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as ‘Act, 1894’) and dated 23.1.1986 issued under Section 6(1) of Act, 1894 proposing to acquire land, bearing Khasra No. 3, area 5 bigha, 7 biswa and 14 biswansi (2 acres i.e. 4591 sq. yard) situate at Civil Station, Chail, Allahabad.

3. The aforesaid notifications were issued at the instance of Allahabad Development Authority (hereinafter referred to as ‘A.D.A.’), who required aforesaid land for establishment of “Light Industries and District Commercial Centre” in Allahabad, under Planned Development Scheme. While issuing notification under Section 4(1), State also dispensed with inquiry under Section 5-A by invoking provisions of Section 17(1) & (4) of Act, 1894 and while making declaration under Section 6(1), Government has authorised Collector to take possession of acquired l











































































































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