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2017 Supreme(All) 948

A.P.SAHI, SANJAY HARKAULI
ATUL SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ram Raj and Sudhir Kumar Singh for the Petitioners; C.S.C. and Mahesh Chandra for the Respondents.

JUDGMENT

By the Court.—This writ petition has been filed claiming benefits of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) on the ground that in the present case though the land has been acquired under the U.P. Awas Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the 1965 Act), the petitioners are entitled to all benefits under 2013 Act inasmuch as if such benefit is denied the same would violate Article 14 of the Constitution of India. Learned counsel for the petitioner submits that if such benefits are available in relation to acquisitions under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) then in that event in view of Section 55 of the 1965 Act the same analogy should be applied as the Awas Vikas Parishad is empowered to acquire land in terms of the Land Acquisition Act, 1894.

2. The acquisition in this case is an outcome of notification under Section 28 and 32 of the 1965 Act that were published on 15.4.1980 and 15.7.1982 respectively. The award was pronounced on 23.9.1986. It is alleged by the petitioner that even though

















































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