HOUSING COMMISSIONER Vs. NOOR MOHAMMAD

JUDGEMENT

(1.) U.P. Avas Evam Vikas Parishad, which is a statutory authority of the State of Uttar Pradesh for housing and development, has come up with the present appeals, challenging the orders of the High Court of Judicature at Allahabad, setting aside a Notification cancelling a previous Notification issued under Section 48(1) of the Land Acquisition Act, 1894 for the release of the land of the respondents herein from acquisition.

(2.) We have heard Shri Vishwajit Singh, learned counsel appearing for the appellants and Mr. Krishnam Mishra and Mr. Anand Varma, learned counsel appearing for the respondents.

(3.) A Notification dated 25.07.1964 was issued by the State Government under Section 36 of the United Provinces Town Improvement Act, 1919 (hereinafter referred to as "the U.P. Act") for the acquisition of land of a total extent of acre 1.85 in Village Mirzapur, Tehsil-­Sadar, District Gorakhpur for the public purpose of providing housing/residential accommodation. This notification is akin to Section 4(1) of the Land Acquisition Act, 1894.