LAXMAN PANDYA Vs. STATE OF U P

JUDGEMENT

(1.) These appeals are directed against two separate but identical orders dated 20.2.2004 passed by the Division Bench of the Allahabad High Court whereby the writ petitions filed by the Appellants challenging the acquisition of their land were dismissed by applying the ratio of the judgments of this Court in Satendra Prasad Jain v. State of U.P., 1993 4 SCC 369 and Awadh Bihari Yadav v. State of Bihar, 1995 6 SCC 31.

(2.) In exercise of the power vested in it under Section 4(1) read with Sections 17(1), (1A) and (4) of the Land Acquisition Act, 1894 (for short, 'the Act'), the State Government proposed the acquisition of land including 1.87 acres belonging to the Appellants in C.A. No. 2730/2005 and 1.91 acres belonging to the Appellants in C.A. No. 2732 of 2005 for Habibpura Housing Scheme of the Varanasi Development Authority (for short, 'the VDA'). Declaration under Section 6(1) was published in the Official Gazette dated 30.11.1981.

(3.) The Appellants challenged the two notifications in CMWP No. 1769 of 1982 and CMWP No. 14885 of 1982. The first writ petition was dismissed in default on 10.9.1990 and the second writ petition was dismissed on merits on 18.11.1997.