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2003 Supreme(MP) 332

A.K.MISHRA
Gulabi Nagar Griha Nirman Sahakari Samiti Maryadit – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
A.G. Dhande with Saurabh Tiwari for petitioners;
Ashok Agarwal, Panel Lawyer for respondents

ORDER

1. Petitioner in this writ petition are assailing the land acquisition proceedings initiated by the Land Acquisition Officer for the purpose of construction of houses for M.P. Housing Board.

2. It is averred in the petition that petitioner No. 1 Gulabi Nagar Griha Nirman Sahakari Samiti Maryadit is a Housing Society and has entered into an agreement to purchase the land from petitioners 2 to 5 on 21.8.1986. Notification under section 4 was published in the MP Gazette dated 27.1.1989 and declaration under section 6 was published in MP Gazette dated 27.10.1989 under Land Acquisition Act, 1894. Petitioner No. 1 entered in agreement Annexure D dated 21.8.1986 to purchase the land, petitioner No. 1-Society is formed with a view to provide houses to the poor persons.

3. It is further submitted by the petitioner that proceedings under Urban Land (Ceiling and Regulation) Act, 1976 were initiated against holders, certain land was declared surplus. The holders have prayed for exemption under section 20 of Urban Land (Ceiling and Regulation) Act. The provision of Urban Land (Ceiling and Regulation) Act reveals that Act is having the overriding effect as provided under sectionA2 of the Act.

















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