ABDUL AZIZ AND ORS. Vs. STATE OF U.P. AND ORS.
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Abdul Aziz And Ors.
State of U.P. and Ors.
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(1.) The challenge in this appeal is against the order dated 21st December, 2010 passed by the Allahabad High Court by which the writ petition filed by the appellants contesting the notifications issued under Sections 4 read with Section 17(1) and 17(4) of the Land Acquisition Act, 1894 (for short, "the Act") as well as the declaration issued under Section 6 of the Act has been dismissed.
(2.) We have heard the learned counsels for the contesting parties and perused the relevant material.
(3.) The date of publication of the notification under Section 4 of the Act by Munadi was 29.09.2007; the declaration under Section 6 was dated 22.07.2008 while the notice under Section 9(1) of the Act was dated 10.10.2008. The compensation on an estimated basis was deposited on 09.09.2008. The award was made on 12th June, 2009 and possession of the land was taken over in the month of July, 2009. Construction of the electricity sub-station for which purpose the land was acquired commenced in the year 2010. It is on the said facts that the writ petition was structured contending that there was no urgency to invoke Section 17 and dispense with the inquiry under Section 5A of the Act.;
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