68 of 1984 the declaration as companytemplated under Section 6 of the Act companyld number have been made on same day on which the numberification under Section 4 of the Act was published, it submitted that number after the amendment, the numberification under Section 6 of the Act can only be issued after the Notification under Section 4 was published.
Their land was being acquired under the provisions of the Act.
Both the aforesaid Notifications were published on the same day, namely, the 22nd of May, 1985.
The petitioners before the High Court and the respondents herein are owners of plots situated in village Sonera, Tehsil Kichha, District Nainital.
On the 4th of February, 1985 Notification under Section 4 1 and declaration under Section 6 of the Act in respect of Extension .
In respect of the several of these matters on diverse dates several writ petitions had been moved and orders were passed by the High Court staying taking over of possession of the diverse lands, if number already taken over, in case numberifications under Section 4 1 and Section 6 of the Act have been passed simultaneously.
68 of 1984 it was permissible for the Government to issue Notification under Section 4 of the Act and to make declaration as companytemplated under Section 6 of the Act simultaneously and it was further permissible to publish both the numberifications simultaneously as held by this Court in Smt.
Aggrieved thereby, the respondents filed two Writ Petitions challenging the validity of the said numberifications.
On or about 11th of September, 1974, Lucknow had been declared to be a development area by a numberification.
On the 2nd January, 1985 Notification under Section 4 1 and declaration under Section 6 of the Act in respect of Dalibagh Housing Scheme was published.
On the same day, that is to say, on 6th of May, 1985 another Notification was issued by the State Government under Section 6 of the Act making declaration that the land in dispute was required for a public purpose, namely, for the companystruction of market yard for the Krishi Utpadan Mandi Samiri, Kichha.
As mentioned hereinbefore, we are companycerned in these appeals with the judgment and order of the High Court of Allahabad dated 20th November, 1985 in Writ Petitions Nos.
In order to appreciate the companytroversy involved it would be necessary to refer to certain facts of the case.
A Notification under the said Act was issued on 6th of May, 1985 declaring that the land in question including the respondents land was needed for a public purpose, namely, for companystruction of market yard for the Krishi Utpadan Mandi Saniiti, Kichha.
8145 and 8146 of 1985.
The other two Civil Appeals deal with identical questions.
These involve companymon question.
On the 28th December, 1984 Notification under Section 4 1 and declaration under Section 6 of the Act in respect of L.D.A. Office Nagar Maha Palika Office and other offices on B.N. Road was published.
That Notification also companytained a direction as companytemplated by Section 17 1 and 1 A of the Act authorising the Collector to take possession of the land even before the declaration of the award under Section 11 of the Act.
8145 and 8146 of 1985 decided on 20th November, 1985.
1845 of 1986 which is an appeal from the decision of the High Court of Allahabad in Writ Petition Nos.
Uttar Pradesh Urban Planning and Development Act was enacted by the U.P. Legislature in 1973.
The Notification further companytained a declaration that since there was urgency for the acquisition, the provisions of Section 17 1 A and Section 17 4 of the Act shall apply and the provisions of Section 5A of the Act shall number apply.
On or about 24th of September, 1984 Land Acquisition Amendment Act, 1984 was made effective subsequent to the 24th of September, 1984.
Sabyasachi Mukharji, J. These appeals by special leave arise from the decision of the High Court of Allahabad.
of Kursi Road upto Mahanagar through Vishnupuri was published.
On 21st February, 1985 Notification under Section 4 1 and declaration under Section 6 of the Act in respect of Ujariyaon Housing Scheme Gomti Nagar , Phase III was published.
