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1988 Supreme(All) 1193

A. N. VERMA, BRAJA NATH MISRA
Kendriya Karamchari Evam Mitra Sahkari Avas Samiti Ltd. – Appellant
Versus
State of U. P – Respondent


Advocates appeared:
Sudhir Chandra Tarun Agarwal, Advocate, for the Petitioners; Standing Counsel, for the Respondents

JUDGMENT

A.N. Verma, J. - These petitions have been grouped together and are being disposed of by a common judgment as, firstly, the issues raised therein are identical and, secondly, they are directed against the same notifications, one dated July 7, 1984 issued under Section 4 read with Section 17 (4) of the Land Acquisition Act and the other dated July 9, 1984 under Section 6 of the same Act.

2. The petitioners comprise both housing societies as well as individuals. The challenge to these notifications can be divided into two parts : (i) relating to the validity of the notification issued under Section 4 of the Land Acquisition Act and (ii) concerning the exercise of power by the State Government under Section 17(4) directing that the provisions of Section 5-A shall not apply to the acquisition. Before we elaborate these submissions advanced at the Bar by the learned counsel for the parties, we may briefly set out the essential facts.

3. On 18-5-83 the Secretary. Ghaziabad Development Authority (G.D.A.' for short hereafter) sent a proposal to the Special Land Acquisition Officer. Ghaziabad, stating that the land measuring 229.60 acres lying on the borders of Delhi and situate in

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