Supreme Court of India
RAMESH CHANDRA TIWARI AND ANR. versus U.P. AVAS EVAM VIKAS PARISHAD, LUCKNOW AND ORS.
- Decided
- 8 January 1996
- Judges listed
- K. RAMASWAMY, G.B. PATTANAIK
- Disposal
- Disposed off
Citations
- Official
- [1996] 1 S.C.R. 211 · 1996 INSC 32
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Leave granted.
p. 211, margin F
The controversy raised in this case is squarely covered by the Judgment of this Court in Gauri Shankar Gaur & Ors. v. State of U.P. & Ors., [1994] I SCC 92 wherein this Court had held that the provision of Section 6 of the Land Acquisition Act, 1894 had no application to the acquisition initiated under U.P. Awas Evam Vikas Parishad Adhiniyam, 1965 and the procedure prescribed in Sections 28 and 32, as modified by operation of Section 55 read with para 2 of the Schedule would be applicable. Consequently, the Land Acquisition (Amendment) Act 68 of 1984 had no application. The above view was reiterated Court in U.P. Avas Evam Vikas Parishad, Lucknow v. Lala Awasthi, SCC 573. Consequently, the notification issued under Section 28 tion made under Section 38 of the Adhiniyam are valid in law. The prescribed under the Adhiniyam should prevail. The Amendment 1984 does not apply to the acquisition under the Adhiniyarn. However, of the Judgment in Gauri Shankar's case (supra), the claimants entitled to the compensation determined with reference to the date of declaration under Section 32 of the Act for the reasons mentioned therein.
pp. 211–212, margin F
The appeal is accordingly disposed of. G.N. Appeal
p. 212, margin B