SATISH CHANDRA GUPTA Vs. STATE OF U.P. AND ORS.
HIGH COURT OF ALLAHABAD
SATISH CHANDRA GUPTA
State of U.P. and Ors.
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(1.)Satish Chandra Gupta, son of Shri Anant Bihari Lal Gupta is before this Court for quashing the award dated 22.9.1986 passed by Special Land Acquisition Officer, Nagar Nigam, Allahabad-respondent no.3. He has further prayed for direction commanding the respondents to release the land in dispute i.e. Survey Plot No.101/1M area 0.0800 hec. situated in village Harwara, Tehsil Sadar, District Allahabad and not to interfere in his peaceful possession and occupation over the land in dispute.
(2.)The factual situation that is accepted before us is that the dispute relates to Survey Plot No.102/1M area 0.0800 hec. situated in village Harwara, Pargana and Tehsil Sadar, District Allahabad. The land in dispute initially belonged to Anant Bihari Lal Gupta-the father of the petitioner and he was the recorded tenure holder and in possession of the land in dispute. He executed a will deed dated 23.4.1978 by which the land in dispute was bequeathed in favour of the petitioner.
(3.)It appears from the record that the Allahabad Development Authority (hereinafter referred to as "ADA") had sent a detailed proposal to the State Government that the land in dispute alongwith large tract of adjoining land was urgently required for planned development of Allahabad. Consequently, a notification under Section 4 (1) of Land Acquisition Act, 1894 (in short the 1894 Act) alongwith Section 17 (1) of the 1894 Act was issued on 28.4.1979. The same was published in official Gazette on 9.6.1979. Anant Bihari Lal Gupta died on 28.12.1980. Subsequently the State Government issued notification under Section 6 (1) of the 1894 Act on 26.5.1981, which was published in the official Gazette on 27.5.1981. Finally the award in question was also made on 22.9.1986. The award has been brought on record as Annexure-3 to the writ petition. As per the award it is reflected that the possession of the land in question had been taken by the Competent Authority way back on 01.9.1981/2.1.1984. It is claimed that upon the death of Anant Bihari Lal Gupta-father of the petitioner, the name of the petitioner was recorded in the revenue record on 2.7.1994.
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