KADEN GLEN EDWARD MOORE Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2017-8-514
HIGH COURT OF ALLAHABAD
Decided on August 29,2017

Kaden Glen Edward Moore Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) This writ petition has been filed praying for a mandamus commanding the respondents particularly the Collector, Allahabad to declare an award in terms of Section 11 read with Section 11(A) of the Land Acquisition Act, 1894 and now in terms of Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2.) The background in which this writ petition has been filed is that the land in relation to site no. 34 Civil Station, Allahabad was proposed to be acquired and proceedings were undertaken by issuing notifications under Sections 4 and 6 of the Land Acquisition Act, 1894. After acquisition of the land the same was handed over to the Allahabad Development Authority for development and its utilization for purposes including commercial purpose. It is undisputed that the said land came to be developed and then was also negotiated and settled by the Allahabad Development Authority. The acquisition was, therefore complete and possession had also been taken.
(3.) The acquisition, according to the stand taken in the counter affidavit came to be challenged before this Court in Writ Petition No. 6071 of 1986 by the original lessee and some other persons claiming title over the property being Writ Petition No. 6697 of 1986. Both the writ petitions were dismissed, whereafter the possession of the property came to be delivered to the Allahabad Development Authority on 30th January, 1997.;


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