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BODE AND ANOTHER versus STATE OF U.P. THRU' SPECIAL SECRY. INDUSTRIAL DEV. & OTHERS

High Court of Judicature at Allahabad

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Bode And Another v. State Of U.P. Thru' Special Secry. Industrial Dev. & Others - WRIT - C No. 793 of 2007 [2007] RD-AH 767 (12 January 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

The petitioners seek to quash the notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act') as well as the declaration made under Section 6 of the Act.

A perusal of the notification under Section 4(1) of the Act indicates that it was published in the Gazette on 13.6.2005 while the declaration under Section 6 of the Act was made on 17.3.2006. A perusal of the notification also indicates that urgency provisions of Section 17(1) of the Act were applied inasmuch the land was required for Plan Industrial Development in district Ghaziabad by the U.P. State Industrial Development Corporation. The petitioner has sought the quashing of the acquisition proceedings after much delay and the learned counsel for the petitioners has not been able to give any proper explanation for this delay.

The petition is, therefore, liable to be dismissed on the ground of laches and is, accordingly, dismissed.

Dt/- 12.1.2007

Sharma/793


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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