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2017 Supreme(All) 1039

A.P.SAHI, RAJIV LOCHAN MEHROTRA
TAPA NATH – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER – Respondent


Advocates:
Counsel :
U.K. Mishra, A.K. Mishra, Ashutosh Mishra and V. Bajpai for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

By the Court.—Heard Sri Ashutosh Mishra, learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos. 1, 2 and 3. The respondent Nos. 4 and 5 are proforma-respondents.

A Supplementary-affidavit has also been filed by the petitioner bringing certain facts on record that has been dealt with hereinafter.

2. This writ petition has been filed praying for a certiorari to quash the Government order dated 13th May, 2001 annexed as Annexure 5 to the writ petition, whereby the State has issued directives restraining the Collectors/Special Land Acquisition Officers of all districts to withhold disposal of applications filed under Section 28-A of the Land Acquisition Act, 1894, if in such matters any appeal against the original award is pending before a Higher Court namely the High Court or the Supreme Court. For this the Government order refers to three decisions of the Apex Court namely Babua Ram and others v. State of U.P and another, U.P. State Industrial Development Corporation Ltd. v. State of U.P and others, 1995 (2) SCC 689 and 766 respectively. The other judgment referred in the said Government order is that of State of Maharashtra v. Manakchand


























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