RAJESH BINDAL, PIYUSH AGRAWAL
Shyoraj Singh – Appellant
Versus
State of U. P. – Respondent
ORDER :
RAJESH BINDAL, CJ.
1. The present petition has been filed by the petitioners impugning the notice dated August 10, 2021 issued by U.P. State Industrial Development Corporation (hereinafter referred to as “the Corporation”) directing the petitioners to remove the unauthorized construction raised on the land which was already allotted to an industrial unit, otherwise action was to be taken against the petitioners in accordance with law. Further prayer has been made seeking a direction to the respondent no. 1 to decide the application filed by petitioners under Section 48 of the Land Acquisition Act, 1894 (hereinafter referred to as “1894 Act”).
2. Learned counsel for the petitioners submitted that the land was sought to be acquired for the use by Corporation. Emergency provision of Section 17 of the 1894 Act were invoked. Notification under Section 6 was issued on April 15, 1986. Thereafter award was passed by Land Acquisition Officer (hereinafter referred to as “LAO”). The possession of the land was never taken by the State. The petitioners have raised construction thereon where cow-shed and a school is running with about 400 students studying therein. The project for which the
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