SURSATI Vs. STATE OF U. P.

JUDGEMENT

(1.) The matter has been placed before this Bench on a reference made by a Division Bench of this Court vide order dated January 22, 2020, seeking opinion on the following questions:-

(2.) For the purposes of clarity, Question Nos. (i)1 and (ii) referred to above, are reframed as follows:

(3.) Brief facts, as emerge from the order of reference, are that one Ram Dulari, widow of late Pataru, executed a sale deed on January 21, 2016 in favour of the petitioner for an area of 0.430 hectare of Gata No. 535 situated in Mauja Pirthipur, Pargana Pachotar, District Ghazipur. After the name of the petitioner was entered in the revenue record, she came to know that the land in question had already been acquired by the National Highway Authority for which notification under Sec. 3-A of the National Highways Act, 1956 (hereinafter referred to as the '1956 Act') was issued on December 1, 2014. It was followed by a notification issued under Sec. 3-D of the 1956 Act on November 27, 2015. The award was also announced on December 25, 2015. The land was purchased by the petitioner vide sale deed dated January 21, 2016, after the issuance of notification under Sec. 3-D of the 1956 Act and passing of the award by the competent authority, on December 25, 2015.