TARSEM CHAND Vs. STATE OF U P & OTHERS
LAWS(ALL)-2016-9-77
HIGH COURT OF ALLAHABAD
Decided on September 09,2016

TARSEM CHAND Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

- (1.) Petitioner in this writ petition has assailed notifications dated 16th October, 2004 published under Section 4(1) of Land Acquisition Act, 1894 (hereinafter referred to as 'Act, 1894') and dated 28th November, 2005 published under Section 6 (1) of Act, 1894, proposing to acquire 387-0-5 bighas (229.3828 acres) of land, comprising a large number of khasras in Village-Mohiuddinpur Kanawani, Pargana Loni, District Ghaziabad for the purpose of "Planned Development", (for construction of residential colonies) at the instance of Ghaziabad Development Authority (hereinafter referred to as 'GDA'), in public interest. State Government also exercised powers under Section 17(1) and (4) and dispensed with inquiry contemplated under Section 5A of 'Act, 1894'.
(2.) In paragraph 1 of writ petition, it is admitted by sole petitioner Tarsem Chand that he has purchased land comprising Khata no. 249 (Khasra nos. 297 and 287), area 0.2850 hectare to the extent of ¾th share vide sale deed dated 29.09.2005 registered on 05.10.2005, a copy whereof has been filed as Annexure-1 to writ petition.
(3.) Respondents have contended that petitioner being a subsequent purchaser, having acquired land in dispute after issue of notification under Section 4(1), has no right to challenge acquisition proceedings.;


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