RAM SARUP Vs. LAND ACQUISITION OFFICER ALIGARH

JUDGEMENT

(1.) This is an appeal by special leave from a judgment of of the Allahabad High Court. The facts may be shortly stated.

(2.) In November 1951 an agreement was entered into between the Governor of U.P. and the Co-operative Housing Society Ltd. Vishnupuri, Aligarh, in accordance with the provisions of Part VII of the Act. On November 30, 1951, a notification was issued under Section 6 of the Act in which it was stated that the Governor after considering the report made under S.5A (2) of the Act was pleased to declare under S.6 that he was satisfied that the land mentioned in the schedule was needed for a public purpose. Under S.7 the Collector was directed to take order for the acquisition of the land. In the schedule the same words appeared as appeared in the notification under S.4 viz.

(3.) It appears that 9 petitions were filed under Article 226 of the Constitution in the Allahabad High Court challenging the acquisition made. Some of these petitions were heard by Mathur J. who allowed them. The petition out of which this appeal has arisen was disposed of by Broome J. and he dismissed it. An appeal was filed before the Division Bench but the same was dismissed.