Capt. Inder Bir Singh Uppal and Another Vs State of U.P. and 3 Others

Court No. - 37

Case :- WRIT - C No. - 40276 of 2019

Petitioner :- Capt. Inder Bir Singh Uppal And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Sharma Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh

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Hon'ble Abhinava Upadhya,J. Hon'ble Prakash Padia,J.

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Heard Sri Pramod Jain, learned Senior Counsel assisted by Sri Vijay Kumar Sharma, learned counsel for the petitioners, Sri Kaushalendra Nath Singh, learned counsel for respondent No.4/NOIDA and learned Standing Counsel for Staterespondents.

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The petitioner has come to this Court seeking benefit of Section 11-A of Land Acquisition Act, 1894 (hereinafter referred to as "the Act") pursuant to a notification issued under Section 4 dated 30th March, 2002 with regard to village Sadarpur, District Gautam Budh Nagar.

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The petitioners had earlier filed writ petition being Writ C No.21364 of 2004 with regard to a direction that acquisition proceedings have lapsed under Section 11-A of the Act and therefore, it should be exempted under Section 48 of the Act and also with a prayer to construct the demolished portion of the school building standing on the said property. This writ petition was dismissed on 31.05.2016.

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Having gone through the writ petition, the petitioner cannot claim the same prayer for seeking benefit of Section 11-A of the Act, in this petition. That apart the notification dated 30th March, 2002 for Village Sadarpur, District Gautam Budh Nagar was subject matter in the case of Gajraj Singh and others v. State of U.P. and others, 2011 (11) ADJ 1, vide judgment dated 20.10.2011 and objection to Section 11-A of the Act has

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been dealt with in that judgment. On that ground we are not inclined to interfere.

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The Writ Petition devoid of merits and is dismissed. Order Date :- 10.12.2019 saqlain

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(Prakash Padia, J.) (Abhinava Upadhya, J)

Capt. Inder Bir Singh Uppal and Another v. State of U.P. and 3 Others

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Capt. Inder Bir Singh Uppal and Another v. State of U.P. and 3 Others

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