DAYA RAM TYAGI Vs. STATE OF U P
LAWS(ALL)-2009-11-38
HIGH COURT OF ALLAHABAD
Decided on November 20,2009

DAYA RAM TYAGI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Referred Judgements :-

KENDRIYA KARAMCHARI EVAM MITRA SAHKARI AVAS SAMITI LTD. V. STATE OF U.P. AND OTHERS [REFERRED TO]
A P SAREEN VS. STATE OF UTTAR PRADESH [REFERRED TO]
UNION OF INDIA VS. KRISHAN LAL ARNEJA [REFERRED TO]
UNION OF INDIA VS. MUKESH HANS [REFERRED TO]
ANAND BUTTONS LTD VS. STATE OF HARYANA [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LTD VS. DARIUS SHAPUR CHENNAI [REFERRED TO]
ESSCO FABS PVT LTD VS. STATE OF HARYANA [REFERRED TO]



Cited Judgements :-

LT. COL. J.B. KUCHHAL AND ANOTHER VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2016-12-69] [REFERRED TO]


JUDGEMENT

- (1.)Heard Shri D.V. Singh, learned counsel for the petitioner.
(2.)The substitution application of late Shri Daya Ram-petitioner No. 1 is allowed. The substitution application of late Shri Tej Singh petitioner No. 3 to the writ petition died on 26.8.1995 and filed on 18.3.1996 to bring his three sons Vijai Singh; Ishwar Chandra and Ramesh Chandra is also pending on record. The application was filed within reasonable time and is allowed. The applicants will be brought on record as heirs and legal representatives of the deceased. The substitution application of Shri Malkhan Singh-respondent No. 4 died on 30.9.2001, bequeathing his properties to his daughter Smt. Rita- the applicant vide Will dated 27.8.2001 filed in the year 2001 is pending. The application was filed within reasonable time, and is also allowed.
(3.)By this writ petition the petitioners have prayed for setting aside the notifications dated 30.11.1989 issued under sub-section (1) of Section 4 of the Land Acquisition Act 1894 (the Act) with the opinion of the State Government that the provisions of sub-section (1) of Section 17 of the Act are applicable to the land, and invoking the provisions of sub-section (4) of Section 17 of the Act dispensing with the enquiry under Section 5A; and the notification dated 16.6.1990 under sub-section (1) of Section 6 of the Act acquiring a plot No. 58M area 6 bigha 10 biswa in Village Bhangel Begampur, Pargana and Tehsil Dadri, District Ghaziabad for the purposes of 'planned industrial development' of District Ghaziabad through New Okhla Industrial Development Authority, Ghaziabad.


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