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BALDEVPURI SAHKARI GRIH NIRMAN SAMITI LTD. versus STATE OF U.P.& OTHERS

High Court of Judicature at Allahabad

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Baldevpuri Sahkari Grih Nirman Samiti Ltd. v. State Of U.P.& Others - WRIT - C No. 18592 of 1991 [2003] RD-AH 298 (28 August 2003)

 

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

COURT NO. 34

CIVIL MISC. WRIT PETITION NO. 18592 OF 1991

Baldevpuri Sahkari Grih Nirman Samiti Ltd.,

Mathura ------ Petitioner

 Vs.

The State of Uttar Pradesh & ors. ------       Respondents

______

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

Hon'ble D.P.Gupta, J.

This writ petition has been filed challenging the land acquisition proceedings, particularly, on various grounds.

However, in paragraph 42 of this petition reference has been given of identical case entertained by this Court, and wherein, the interim order had been passed on 11.7.1991. Even while entertaining this writ petition on 18.7.1991, a reference was made to the said Writ Petition No. Nil of 1991 Jagjit Singh Arora Vs. The State of U.P. & anr., and it is evident that the writ petition was entertained on the basis of the earlier writ petition entertained by this Court and interim order has also been passed in view of the interim order passed in other writ petitions.

Today, Shri Dilip Gupta, learned counsel for the respondents has submitted that all the identical petitions filed in the Court challenging the same impugned Notification have been dismissed and even the Writ Petition filed by Jagjit Singh Arora has been dismissed. Reliance has been placed on Ram Kumar Bhatia & ors. Vs. The State of U.P. & ors., AIR 1993 All 14 and judgment in Writ Petition No. 18470 of 1991 Jagjit Singh Arora Vs. The State of U.P. & anr, passed on 28th October, 1993 and the S.L.P. against Writ Petition No. 20364 of 1991 Shanti Devi & anr. Vs. State of U.P. & ors. has been dismissed on 15.4.1992.

In some of the cases the parties have approached the Hon'ble Supreme Court and their Special Leave Petition No. 5701 of 1993 has also been rejected by the Hon'ble Supreme Court vide order dated 27.9.1993.

Learned counsel for the petitioner has submitted that the present case has some distinctive feature and the issue involved herein that no hearing was given as required under Section 5-A of the Land Acquisition Act has not been dealt with by this Court in those cases, though it was involved. On the contrary, Shri Dilip Gupta has submitted that all the issues had been argued and taken note of by this Court.

Be that as it may. Petitioner himself has relied upon Writ Petition No.18470 of 1991 Jagjit Singh Arora & anr. Vs. The State of U.P. & anr and the interim order passed therein, while filing this Writ Petition. All the issues involved in this writ petition have been dealt with by this Court and petition has been dismissed.

As the Special Leave Petition arising out of the judgments in the cases relied upon initially by the petitioner has been dismissed by the Hon'ble Supreme Court, we do not find any ground to take any exception and decide this case differently.

Petition is, accordingly, dismissed.

28.8.2003

AKSI


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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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