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[Cites 2, Cited by 1]

Allahabad High Court

Sri Sawan Kripal, Ruhani Mission Br. ... vs State Of U.P. Thru Sec. Industrial Dev. ... on 29 January, 2010

Bench: Devendra Pratap Singh, Jayashree Tiwari

Court No. - 35
Case :- WRIT - C No. - 4275 of 2010

Petitioner :- Sri Sawan Kripal, Ruhani Mission Br. Sec. Omveer Singh
Respondent :- State Of U.P. Thru Sec. Industrial Dev. Lko. And
Others
Petitioner Counsel :- K.C. Kishan,Neeraj K. Tiwari
Respondent Counsel :- C.S.C.,J.H. Khan,Ramendra Pratap Singh

Hon'ble Devendra Pratap Singh,J.

Hon'ble Mrs. Jayashree Tiwari,J.

Heard learned counsel for the petitioner, learned Standing counsel and Sri Ramendra Pratap Singh for the contesting respondents.

The petitioner has sought quashing of notifications dated 15.12.1999 and 22.4.2000 issued under Sections 4 and 6 (17) of the Land Acquisition Act.

It is pleaded that the petitioner had bought a portion of plot no.76 situated in Village Bironda Pargana Dankaur Tehsil and District Gautam Budh Nagar from its original owner Shri Ram in January 1996 through a registered sale deed and had made certain constructions on it.

It is contended that no satisfaction with regard to invoking the urgency clause has been recorded and no survey was made.

It is not denied that the predecessor-in-interest of the petitioner had challenged the said two notifications through Writ Petition No.28490 of 2001 on the same ground but the said writ petition was dismissed vide order dated 2nd of August 2001 and which has become final and thus, in the opinion of the Court, the case of the petitioner is also covered by the said judgment.

For the reasons above, no case for interference is made out. Rejected.

Order Date :- 29.1.2010 PKG