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1964 Supreme(SC) 43

K. C. DAS GUPTA, K. N. WANCHOO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, J. C. SHAH
R. L. Arora: Patel Mangalbhai And Kaira District Co Operative Milk Producers Union – Appellant
Versus
State Of U. P. – Respondent


Judgment

WANCHOO J.: The petition under Art. 32 of the Constitution is a sequel to the judgement of this Court in R. L. Arora v. State of U.P., (1962 ) Sup 2 SCR 149. The petitioner is the owner of the certain lands in village Nauraiya Khera, in the district of Kanpur. He got information in May 1956 that steps were being taken to acquire nine acres of his land for an industrialist in Kanpur. He therefore, wrote to the Collector of Kanpur in that connection. On June 25, 1956, however, a notification was issued under S.4 of the Land Acquisition Act , No. 1 of 1894 (hereinafter called the Act ), stating that the land in dispute was required for a company for the construction of textile machinery parts factory by Lakshmi Ratan Engineering Works Limited, Kanpur. This order was followed on July 5, 1956, by a notification under S.6 of the Act, which was in similar terms. This notification also provided for the Collector to take possession of any waste or arable land forming part of the land in the Schedule to the notification immediately under the powers conferred by S. 17 (1) of the Act. On July 31, 1956, the Collector took possession of the land and handed it over to the company along wi
























































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