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2017 Supreme(All) 970

A.P.SAHI, RAJIV LOCHAN MEHROTRA
SUNDAR GARDEN WELFARE ASSOCIATION – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Nath Tripathi, Jeev Kr. Dubey and Siddharth Srivastava for the Petitioners; C.S.C., H.N. Singh, Ashok Trivedi, Prabhakar Awasthi and Siddhartha Varma for the Respondents.

JUDGMENT

By the Court.—This is a writ petition pertaining to land acquisition of certain plots of village-Harampur, Pargana-Loni, Tehsil-District-Ghaziabad assailed on the ground that the dispensation of inquiry under Section 5A under the Land Acquisition Act, 1894 has been made against the material on record without therebeing any urgency and without inviting/entertaining objections of such persons who were interested and had purchased the land and were in occupation thereof. Thus, the invoking of Section 17 of the 1894 Act has been challenged on various contentions. The said issue is on the merits of the claim.

2. An objection had been raised with regard to the locus of the petitioners for maintaining the writ petition. The counter-affidavit of the respondent No. 4, the body for whom the land had been acquired for industrial development in paragraph No. 4, had raised the issue of locus and also alleged that even if there were members of the petitioner No. 1- Association, no Court fee had been paid on their behalf. A supplementary counter-affidavit was also filed on 5th January, 2008 by the said respondent in response to the supplementary-affidavit of the petitioners dated 17.12.20












































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