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1 - 5 of 5 (0.73 seconds)Section 6 in The Land Acquisition Act, 1894 [Entire Act]
The Land Acquisition Act, 1894
Haryana Urban Development Authority Act, 1977
Shaziabad Sheromani Sahkari Avas ... vs State Of U.P. & Ors. Etc on 31 January, 1990
7. Some other judgments have also been cited by the learned Counsel representating the petitioner but it is not necessary to mention the same as in my view the judgment of the Supreme Court in Ghaziabad Sheromani Sahkari Avas Samiti Ltd. v. State of U.P. is fully applicable to the facts of the present case. It is proved on the record of the case that most of members of the petitioner-society are low paid employees. It is a bona fide case of setting up a colony for the members of the petitioner-society. As mentioned above not only that the entire land measuring about 53 acres came to be purchased by the petitioner-society before notification under section 4 of the Land Acquisition Act was issued but with regard to 33 acres of land petitioner-society had been permitted to establish a colony for its members. It is further provided that remaining about 20 acres of land was purchased with a view to accommodate all the members of the society as also that unless the said piece of land was available to the petitioner-society, no meaningful colony could have been carved out. The facilities which are essentially required for the inhabitants of the colony could not be made if this piece of land measuring about 21 acre was to go out of the hands of the petitioner-society. Further, it is after all a case where petitioner is endeavouring to achieve the same object as is contemplated by the government in issuing notification under section 4 and declaration under section 6 of the Land Acquisition Act. If the land of the petitioner-society is acquired, it would simply mean that members of petitioner-society are deprived of a house which shall then be made available to those who may be successful in draw of lots in the residential area that may be developed by the government or the Haryana Urban Development Authority.
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