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2021 Supreme(UK) 808

RAGHVENDRA SINGH CHAUHAN, N.S.DHANIK
GYAN SINGH PANWAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellant : Mr. Rajendra Dobhal, Learned Senior Counsel assisted by Mr. Shubhang Dobhal, Learned Counsel
For the State : Mr. C.S. Rawat, Learned Chief Stnading Counsel with Mr. Tarun Lakhera, Learned Brief Holder and Mr. Shobhit Saharia, Learned Counsel

JUDGMENT

(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

Since common question of law and facts are involved in the above-numbered special appeal, the same are being taken up together and adjudicated by this common judgment.

2. The appellant has challenged the legality of the order, dated 06.01.2021, passed by a learned Single Judge in Writ Petition (M/S) No.346 of 2016, whereby the learned Single Judge has dismissed the writ petition, inter alia, on the ground that the application under Section 28A of the Land Acquisition Act had to be filed within the period of limitation prescribed by the said provision. Since the application was filed after an inordinate delay, the writ petition could not be allowed. Hence, the learned Single Judge has dismissed the writ petitions filed by the petitioner and others.

3. Briefly, the facts of the case are that the appellant claims to be the resident of Village Malideval, Pargana Udaipur, Tehsil and District Tehri Garhwal. According to him, the entire land i.e. 2805 Nali, 12 Mutthi lying in Village Malideval, Pargana Udaipur, Tehsil and District Tehri Garhwal, was acquired in the year 1993 under the provisions of the Land Acquisition Act

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