LAWS(SC)-2010-6-8

MANOHAR LAL Vs. UGRASEN

Decided On June 03, 2010
MANOHAR LAL (D) BY LRS. Appellant
V/S
UGRASEN (D) BY LRS. Respondents

JUDGEMENT

(1.) Both these appeals have been preferred by the appellants being aggrieved of the judgment and order of the Allahabad High Court dated 22nd July, 2003 passed in C.M.W.P. No. 6644 of 1989 by which the High Court has allowed the Writ Petition filed by respondent No. 1-Ugrasen quashing the allotment of land made in favour of appellant-Manohar Lal and further directed to make the allotment of land in favour of the said respondent-Ugrasen.

(2.) In these appeals, three substantial questions of law for consideration of this Court are involved, they are, namely:

(3.) Facts and circumstances giving rise to these appeals are that lands owned and possessed by predecessor-in-interest of private appellant Manohar Lal and respondent Ugrasen were acquired under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Act'). Notification under Section 4 of the Act was issued on 13.08.1962 covering about 32 acres of land in the Revenue Estates of Kaila Pargana Loni Dist. Meerut (now Ghaziabad). Declaration under Section 6 of the Act in respect of the said land was made on 24.05.1965 along with Notification under Section 17(1) invoking the urgency clause. Possession of the land except one acre was taken on 13.07.1965 and award under Section 11 of the Act was made on 11.05.1970.