NARENDRA BAHADUR SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS appeal by special leave is against the judgment of a Division Bench of the Allahabad High Court, reversing on appeal the decision of learned single Judge, whereby notification dated 23/04/1966 issued by the State Government under Section 7 (1) of the U. P. Land Acquisition (Rehabilitation of Refugees) Act, 1948 (hereinafter referred to as the Act) had been quashed. As a result of the decision of the Division Bench the writ petition filed by the appellants to quash that notification stood dismissed.

(2.) THE Sufferer's Co-operative Housing Society, Janupur, Respondent, applied to the U. P. Government in 1955 for acquiring four acres of land for the purpose of erecting houses, shops and workshops for the rehabilitation of the refugees who were members of that society. At the instance of the State Government, the society deposited a sum of Rs. 15,000 towards the cost of the land to be acquired. In 1964, the society entered into an agreement with the State Government under Section 6 of the Act. THE State Government thereafter published on 23/04/1966, the impugned notification and the same reads as under:

(3.) IN appeal before us, Mr. Desai has assailed the decision of the Division Bench on all the three grounds and has urged that the impugned notification is liable to be quashed on each of those grounds. We shall accordingly deal with those grounds.